SRC-TAG S.B. 155 78(R) BILL ANALYSIS
Senate Research Center
S.B. 155
By: Zaffirini
Natural Resources
6/29/2003
Enrolled
DIGEST 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. S.B. 155 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
Rulemaking authority is expressly granted to the Texas Department of Parks
and Wildlife in SECTION 2 (Section 90.004, Parks and Wildlife Code) of
this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Sets forth legislative findings regarding protection of and
public access to beds, bottoms, and banks of navigable rivers and
navigable streams.
SECTION 2. Amends Title 5, Parks and Wildlife Code, by adding Subtitle I,
as follows:
SUBTITLE I. PROTECTED FRESHWATER AREAS
CHAPTER 90. ACCESS TO PROTECTED FRESHWATER AREAS
Sec. 90.001. DEFINITIONS. Defines "emergency," "motor vehicle,"
"navigable river or stream," and "protected freshwater area."
Sec. 90.002. OPERATION OF MOTOR VEHICLE IN PROTECTED FRESHWATER AREA
PROHIBITED. Prohibits a person, except as provided by Section 90.003 or
90.004, from operating a motor vehicle in or on protected freshwater area
on or after January 1, 2004.
Sec. 90.003. EXEMPTIONS. (a) Provides that Section 90.002 does not
apply under certain conditions and to certain individuals.
(b) Provides that this chapter does not apply to any river with
headwaters in a state other than Texas and a mouth in a state other than
Texas.
(c) Requires a person exempt under this section who operates a motor
vehicle in or on a protected freshwater area to proceed in a manner that
avoids, to the extent reasonably possible, harming or disturbing
vegetation, wildlife, or wildlife habitat within the protected freshwater
area. Requires a person exempt under this section who is crossing a
protected freshwater to cross by the most direct feasible route.
Sec. 90.004. LOCAL RIVER ACCESS PLANS. (a) Authorizes a county,
municipality, or river authority to adopt a written local plan to provide
access to a protected freshwater area located within the county's
geographical boundaries or the river authority's or municipality's
jurisdiction.
(b) Authorizes a local plan adopted under this Subsection (a) to contain
certain elements.
(c) Requires a county, municipality, or river authority to file the
plan with the Texas Parks and Wildlife Depart ment (TPW D), before a local
plan adopte d under Subsec tion (a) may take effect. Provide s that a
local plan does not take effect until the plan is approv ed in writing by
the TPWD .
(d) Authorizes TPWD to approve, disapprove, or modify a local plan filed
under Subsection (c). Requires TPWD, in determining whether to approve,
disapprove, or modify a local plan, to consider whether the plan meets
certain requirements.
(e) Authorizes TPWD by rule to adopt additional criteria or procedures to
govern approval of local plans. Provides that a lack of rules adopted
under this authority is not a basis for rejecting a local plan.
(f) Authorizes TPWD to conduct periodic reviews of a local plan filed
under Subsection (c) to monitor the effectiveness of the plan.
(g) Authorizes a person who has reason to believe that a local plan filed
under Subsection (c) does not comply with this section to file a petition
for revocation of the plan with TPWD.
(h) Requires TPWD to revoke approval of a local plan if TPWD finds, as a
result of a periodic review conducted under Subsection (f) or a petition
for revocation filed under Subsection (g), that the plan as implemented
fails to meet any of the criteria for approval established by Subsection
(d).
(i) Requires TPWD to adopt rules necessary to implement this section and
Section 90.002, including rules relating to locations from which a person
may launch or retrieve a vessel by trailer from the banks of protected
freshwater area. Defines "vessel."
Sec. 90.005. ASSISTANCE FROM THE DEPARTMENT. (a) Requires TPWD to
assist a requesting county, municipality, or river authority in developing
local plans.
(b) Requires a county, municipality, or river authority implementing a
local plan to remit to TPWD 20 percent of the county's, municipality's, or
river authority's gross receipts from fees charged under Section
90.004(b)(2) to offset TPWD's administrative costs associated with
implementing this chapter.
Sec. 90.006. Authorizes TPWD to conduct studies necessary to implement
its duties under this chapter.
Sec. 90.007. LANDOWNER RIGHTS. (a) Provides that a prescriptive easement
over private property cannot be created by recreational use of a protected
freshwater area, including by portage over or around barriers, scouting of
obstructions, or crossing of a private property to or from a protected
freshwater area.
(b) Requires nothing in this section to limit the right of a person to
navigate in, on, or around a protected freshwater area.
Sec. 90.008. PUBLIC ACCESS. (a) Prohibits a person from restricting,
obstructing, interfering with, or limiting public recreational use of a
protected freshwater area, except as otherwise allowed by law.
(b) Provides that this section does not allow the public to use private
property to gain access to a protected freshwater area without permission
of the landowner.
Sec. 90.009. MOTOR VEHICLE RECREATION SITES. (a) Requires TPWD to
establish a program to identify and to facilitate the development of motor
vehicle recreation sites that are not located in or on a protected
freshwater area. Requires TPWD to seek the cooperation of political
subdivisions, landowners, nonprofit groups, and other interested persons
in identifying and facilitating the development of motor vehicle
recreation sites under this subsection.
(b) Requires TPWD to seek and use funding from the federal government and
other sources outside the general revenue fund to identify and facilitate
the development of motor vehicle recreation sites under Subsection (a).
Sec. 90.010. ENFORCEMENT. Requires all peace officers of this state to
enforce the provisions of this chapter.
Sec. 90.011. PENALTY. (a) Provides that a person commits an offense if
the person violates Section 90.002 or 90.008.
(b) Provides that an offense under Subsection (a) is a Class C
misdemeanor, except as provided by Subsection (c).
(c) Requires the defendant to be punished for a Class B misdemeanor, if
it is shown on the trial of an offense under this section that the
defendant was previously convicted two or more times under Section
90.002 or 90.008.
(d) Provides that each violation under this section is a separate
offense.
(e) Establishes that, notwithstanding Section 12.403 of this code,
Subchapter B, Chapter 12 (Ordinary Misdemeanor Punishments), Penal Code,
applies to punishments under this section.
SECTION 3. Requires TPWD, by September 1, 2004, to submit to the
legislature a report regarding TPWD's identification and development of
motor vehicle recreation sites under Section 90.009, Parks and Wildlife
Code, as added by this Act.
SECTION 4. Effective date: September 1, 2003.