By Gray                                               H.B. No. 1302
         77R5171 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain counties to prohibit open
 1-3     fires on public beaches.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The heading of Subchapter D, Chapter 61, Natural
 1-6     Resources Code, is amended to read as follows:
 1-7              SUBCHAPTER D. COUNTY REGULATION OF PUBLIC USE OF
 1-8                        BEACHES [TRAFFIC AND LITTER]
 1-9           SECTION 2.  The heading of Section 61.122, Natural Resources
1-10     Code, is amended to read as follows:
1-11           Sec. 61.122.  COUNTY REGULATORY AUTHORITY [REGULATION OF
1-12     TRAFFIC, PROHIBITION OF LITTER, POSSESSION OF ANIMALS ON BEACHES,
1-13     AND SWIMMING IN PASSES TO AND FROM THE GULF OF MEXICO].
1-14           SECTION 3.  Section 61.122, Natural Resources Code, is
1-15     amended by redesignating current Subsection (d) as Subsection (e)
1-16     and adding a new Subsection (d) to read as follows:
1-17           (d)  The commissioners court of a county bordering on the
1-18     Gulf of Mexico or its tidewater limits, by order, may prohibit open
1-19     fires on a beach in the unincorporated area of the county.
1-20           (e)  Regulation under Subsection (a) of this section that
1-21     prohibits vehicles from an area of public beach is subject to
1-22     Section 61.022 of this code.
1-23           SECTION 4.  This Act takes effect immediately if it receives
1-24     a vote of two-thirds of all the members elected to each house, as
 2-1     provided by Section 39, Article III, Texas Constitution.  If this
 2-2     Act does not receive the vote necessary for immediate effect, this
 2-3     Act takes effect September 1, 2001.