SRC-SEW S.B. 634 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 634
By: Bernsen
Intergovernmental Relations
2/27/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

Under current law, commissioners courts in coastal counties are authorized
to prohibit and define littering in their unincorporated areas.  This
authority has proven to be insufficient in some areas of the state.  Strict
enforcement of littering penalties, beach clean-up days and providing trash
bags to the public have not proven to be successful methods of keeping the
beaches in these areas free of litter and safe for public use.  Littering
not only causes a public nuisance, but it also creates a safety hazard, of
which glass containers are a significant part.  As proposed, S.B. 634
authorizes commissioners courts in coastal counties to prohibit the use or
possession of these containers on beaches in unincorporated areas of the
counties. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading of Chapter 61D, Natural Resources Code, as
follows: 

SUBCHAPTER D.  New heading: COUNTY REGULATION OF PUBLIC USE OF BEACHES 

SECTION 2.  Amends the heading of Section 61.122, Natural Resources Code,
as follows: 

Sec. 61.122.  New heading:  COUNTY REGULATORY AUTHORITY.  Deletes text in
heading regarding traffic, litter, animals on beaches, and swimming in
passes to and from the Gulf of Mexico. 

SECTION 3.  Amends Section 61.122, Natural Resources Code, by redesignating
current Subsection (d) as Subsection (e) and adding a new Subsection (d),
as follows: 
 
(d) Authorizes the commissioners court of a county bordering on the Gulf of
Mexico or its tidewater limits, by order, to prohibit the use and
possession of all glass containers and products on a beach in the
unincorporated area of the county.  Prohibits the commissioners court from
prohibiting any one or several glass products to the exclusion of any
others. 

SECTION 4.  Effective date:  upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  No change.

SECTION 2.  No change.

SECTION 3.  Amends As Filed S.B. 634, Section 61.122, Natural Resources
Code, to replace "use  or possession of any glass container or" with "use
and possession of all glass containers and products" and to add to
Subsection (d), to prohibit a commissioners court from prohibiting any one
or several glass products to the exclusion of any others. 

SECTION 4.  No change.