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                                  * * * * *