C.S.H.B. 305 78(R)    BILL ANALYSIS


C.S.H.B. 305
By: Puente
State Cultural and Recreational Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the number of recreational motor vehicles entering Texas rivers
has reached a critical mass. According to the Texas Parks and Wildlife
Department, the frequently traveled areas of Texas rivers have shown signs
of erosion and decreased fish and vegetation. C.S.H.B. 305 prohibits the
operation of a motor vehicle in or on the beds or banks of Texas rivers,
with certain exceptions, and provides penalties. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Parks and Wildlife Department (the department) in SECTION 2
(Sec. 90.004, Parks and Wildlife Code) of this bill. 

ANALYSIS

C.S.H.B. 305 sets forth certain legislative findings relating to the use
of the state's rivers and streams and provides that, with certain
exceptions, a person may not operate a motor vehicle in or on a protected
freshwater area.   

The prohibition does not apply to: a state, county, or municipal road
right-of-way; a private road crossing; operation of a vehicle by a
government employee; operation of a vehicle for agricultural activities;
activities related to mineral leases or easements granted by the General
Land Office; operation of a vehicle for activities related to permits for
sand and gravel pursuant to Chapter 86, Parks and Wildlife Code;
emergencies; certain utility operations; and operations by certain camps
and retreat facilities.   

C.S.H.B. 305 provides that a county or river authority may adopt a written
local plan to provide access to a protected freshwater area within the
county's or authority's jurisdiction.  The local plan may allow limited
vehicular access in a freshwater area and provide for the county or
authority to collect a fee for such vehicular access.  A proposed local
plan must be approved by the department. 

In considering whether to approve a plan, the department must consider
whether the plan protects natural resources, public safety, and private
property rights, provides for adequate enforcement, coordinates with
adjacent and overlapping jurisdictions, and provides for and publicizes
adequate public access and public services. 

The department may adopt rules governing approval of local plans and may
revoke approved  plans if not implemented pursuant to the above criteria. 

A county or river authority implementing a local plan must remit to the
department 20 percent of the county's or river authority's gross receipts
from fees charged under an approved local access plan to offset the
department's administrative costs. 

C.S.H.B. 305 provides that a prescriptive easement over private property
cannot be created by recreational use of a protected freshwater area.  A
person, however, may not restrict or obstruct public recreational use of a
freshwater area. 


 
C.S.H.B. 305 provides that the department shall establish a program and
seek funding to identify and to facilitate the development of motor
vehicle recreation sites that are not located in a freshwater area.   

C.S.H.B. 305 also provides that all peace officers of this state shall
enforce the provisions of the Act and provides that each violation
constitutes a class C misdemeanor unless it is shown at trial that a
defendant was convicted two or more times, upon which a violation
constitutes a Class B misdemeanor. 

The department shall submit to the legislature a report regarding the
department's identification and development of alternative vehicle
recreation sites not later than September 1, 2004. 

EFFECTIVE DATE

This Act takes effect January 1, 2004.


COMPARISON OF ORIGINAL TO SUBSTITUTE


The intent of HB / C.S.H.B. 305 remains the same and that is to prohibit
the operation of a motor vehicle in or on the beds or banks of Texas
rivers, with certain exceptions, and provides penalties. 

C.S.H.B. 305 provides exceptions for the following, not included in the
original bill: Certain utility operations and operations by certain
nonprofit camps and retreat facilities. The substitute also exempts any
operation of a motor vehicle for agricultural activities, while the
original bill exempted only an adjacent landowner's operation of a motor
vehicle for agricultural activities. 

C.S.H.B. 305 adds the provision that a county or river authority may adopt
a written local plan to provide access to a protected freshwater area
within the county's or authority's jurisdiction.  The local plan may allow
limited vehicular access in a freshwater area and provide for the county
or authority to collect a fee for such vehicular access.  A proposed local
plan must be approved by the department, pursuant to certain criteria. 

A county or river authority implementing a local plan must remit to the
department 20 percent of the county's or river authority's gross receipts
from fees charged under an approved local access plan to offset the
department's administrative costs. 

C.S.H.B. 305 adds the provision that the department shall establish a
program and seeking funding to identify and to facilitate the development
of motor vehicle recreation sites that are not located in a freshwater
area.  

The department shall submit to the legislature a report regarding the
department's identification and development of alternative vehicle
recreation sites not later than September 1, 2004.