SRC-ARR H.B. 1620 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1620
By: Wohlgemuth (Fraser)
State Affairs
5/10/1999
Engrossed


DIGEST 

Currently, there is no statutory provision authorizing or prohibiting the
operation of a seaplane on lakes and rivers. As a result, the establishment
of permitting fees, waterway access, and waterway use rules has been left
to local government Some municipalities and water districts have enacted
rules for seaplane operators which conflict with other municipalities'
rules, making it difficult for seaplane operators to determine which
regulations apply to each location. H.B. 1620  would regulate aircrafts on
water.  

PURPOSE

As proposed, H.B. 1620 regulates aircrafts on water. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Transportation
in SECTION 1 (Section 26.04, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3, Transportation Code, by adding Chapter 26, as
follows: 

CHAPTER 26. AQUATIC AIRCRAFT

 Sec. 26.001. DEFINITIONS. Defines "aquatic aircraft" and "department."

Sec. 26.002. APPLICATION. Provides that this chapter applies to all
navigable bodies of water of this state other than a navigable body of
water that the federal government owns, controls, or has jurisdiction over.

Sec. 26.003. REGULATION PROHIBITED. Prohibits a governmental entity that
owns, controls, or has jurisdiction over a navigable body of water from
taking certain action in an area in which motorized boats are permitted.
Authorizes a governmental entity described by Subsection (a) to apply to
the Texas Department of Transportation (department) to prohibit or limit
the operation of aquatic aircraft on a navigable body of water. Requires
the department to approve the prohibition if the department determines that
safety concerns justify the prohibition of limitation. Authorizes the
prohibition or limitation to apply to the entire body of water or only to a
specified area. Requires the department to consider certain information.  

Sec. 26.004. RULES. Requires the department to adopt rules to implement and
administer this chapter, including rules specifying how notice shall be
given of a prohibition or limitation approved under this chapter.  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.