SRC-MKV S.B. 1162 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1162
By: Truan
Natural Resources
5/29/2001
Enrolled


DIGEST AND PURPOSE 

The 1991 Coastal Protection Act inadvertently removed the power of counties
and municipalities to regulate vehicular traffic on sand dunes.  Coastal
sand dunes are critical for the protection of inland property and the
maintenance of existing shorelines.  Loss of sand dunes results in
shoreline erosion, encroachment of the public beach easement onto private
property, and conflicts over public and private rights.  S.B. 1162 makes
operating a vehicle on sand dunes a traffic offense, enforceable by any
traffic officer, except on a roadway designated by a subdivision of the
state. 

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 Chapter 750, Transportation Code, by adding Section
750.003, as follows: 

Sec. 750.003.  OPERATION OF VEHICLE ON DUNE SEAWARD OF DUNE PROTECTION LINE
PROHIBITED.  (a) Defines "vehicle" to mean a device that is designed to
transport persons or property and is self-propelled or propelled by
external means. 

(b) Provides that a person commits an offense if the person operates a
vehicle on a sand dune seaward of the dune protection line as defined by
Section 63.012 (Location of Dune Protection Line), Natural Resources Code,
except on a roadway designated by a subdivision of the state. 

  (c) Provides that an offense under this section is a Class C misdemeanor.

SECTION 2.  Effective date: September 1, 2001.