1-1 By: Wohlgemuth (Senate Sponsor - Fraser) H.B. No. 1620 1-2 (In the Senate - Received from the House May 6, 1999; 1-3 May 7, 1999, read first time and referred to Committee on State 1-4 Affairs; May 12, 1999, reported favorably by the following vote: 1-5 Yeas 7, Nays 1; May 12, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the regulation of aircraft on water. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Title 3, Transportation Code, is amended by 1-11 adding Chapter 26 to read as follows: 1-12 CHAPTER 26. AQUATIC AIRCRAFT 1-13 Sec. 26.001. DEFINITIONS. In this chapter: 1-14 (1) "Aquatic aircraft" means a seaplane, floatplane, 1-15 or similar aircraft that is capable of taking off and landing on 1-16 water. 1-17 (2) "Department" means the Texas Department of 1-18 Transportation. 1-19 Sec. 26.002. APPLICATION. This chapter applies to all 1-20 navigable bodies of water of this state other than a navigable body 1-21 of water that the federal government owns, controls, or has 1-22 jurisdiction over. 1-23 Sec. 26.003. REGULATION PROHIBITED. (a) Except as provided 1-24 by Subsection (b), a governmental entity that owns, controls, or 1-25 has jurisdiction over a navigable body of water may not in an area 1-26 in which motorized boats are permitted: 1-27 (1) prohibit the takeoff, landing, or operation of an 1-28 aquatic aircraft; or 1-29 (2) regulate or require a permit or fee for the 1-30 operation of an aquatic aircraft. 1-31 (b) A governmental entity described by Subsection (a) may 1-32 apply to the department to prohibit or limit the operation of 1-33 aquatic aircraft on a navigable body of water. The department 1-34 shall approve the prohibition if the department determines that 1-35 safety concerns justify the prohibition or limitation. The 1-36 prohibition or limitation may apply to the entire body of water or 1-37 only to a specified area. 1-38 (c) In making a determination under Subsection (b), the 1-39 department shall consider: 1-40 (1) the topography of the body of water or specified 1-41 area; 1-42 (2) the depth of the water and any obstacles that are 1-43 under the water; 1-44 (3) the amount of boat or individual traffic on the 1-45 body of water or in the specified area; 1-46 (4) the interests of persons owning homes that are 1-47 located on or around the body of water; and 1-48 (5) any other factors that relate to the safe 1-49 operation of aquatic aircraft. 1-50 Sec. 26.004. RULES. The department shall adopt rules to 1-51 implement and administer this chapter, including rules specifying 1-52 how notice shall be given of a prohibition or limitation approved 1-53 under this chapter. 1-54 SECTION 2. This Act takes effect September 1, 1999. 1-55 SECTION 3. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended. 1-60 * * * * *