By Wohlgemuth H.B. No. 1620 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of aircraft on water. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 3, Transportation Code, is amended by 1-5 adding Chapter 26 to read as follows: 1-6 CHAPTER 26. AQUATIC AIRCRAFT 1-7 Sec. 26.001. DEFINITIONS. In this chapter: 1-8 (1) "Aquatic aircraft" means a seaplane, floatplane, 1-9 or similar aircraft that is capable of taking off and landing on 1-10 water. 1-11 (2) "Department" means the Texas Department of 1-12 Transportation. 1-13 Sec. 26.002. APPLICATION. This chapter applies to all 1-14 navigable bodies of water of this state other than a navigable body 1-15 of water that the federal government owns, controls, or has 1-16 jurisdiction over. 1-17 Sec. 26.003. REGULATION PROHIBITED. (a) Except as provided 1-18 by Subsection (b), a governmental entity that owns, controls, or 1-19 has jurisdiction over a navigable body of water may not in an area 1-20 in which motorized boats are permitted: 1-21 (1) prohibit the takeoff, landing, or operation of an 1-22 aquatic aircraft; or 1-23 (2) regulate or require a permit or fee for the 1-24 operation of an aquatic aircraft. 2-1 (b) A governmental entity described by Subsection (a) may 2-2 apply to the department to prohibit or limit the operation of 2-3 aquatic aircraft on a navigable body of water. The department 2-4 shall approve the prohibition if the department determines that 2-5 safety concerns justify the prohibition or limitation. The 2-6 prohibition or limitation may apply to the entire body of water or 2-7 only to a specified area. 2-8 (c) In making a determination under Subsection (b), the 2-9 department shall consider: 2-10 (1) the topography of the body of water or specified 2-11 area; 2-12 (2) the depth of the water and any obstacles that are 2-13 under the water; 2-14 (3) the amount of boat or individual traffic on the 2-15 body of water or in the specified area; 2-16 (4) the interests of persons owning homes that are 2-17 located on or around the body of water; and 2-18 (5) any other factors that relate to the safe 2-19 operation of aquatic aircraft. 2-20 Sec. 26.004. RULES. The department shall adopt rules to 2-21 implement and administer this chapter, including rules specifying 2-22 how notice shall be given of a prohibition or limitation approved 2-23 under this chapter. 2-24 SECTION 2. This Act takes effect September 1, 1999. 2-25 SECTION 3. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended.