C.S.S.B. 155 78(R) BILL ANALYSIS
C.S.S.B. 155
By: Zaffirini
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.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
It is the committee's opinion that rulemaking authority is expressly
granted to the Parks and Wildlife Department (the department) in SECTION 2
(Section 90.004, Parks and Wildlife Code) of this bill.
ANALYSIS
C.S.S.B. 155 sets forth a statement of policy 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; transportation, transmission, or distribution of
electric power; telecommunications services or other services delivered
through a cable system; transportation of aggregates, oil, natural gas,
coal, or any product of oil, natural gas, or coal; the production,
treatment, or transportation of water or wastewater; dredge material
disposal; landowner that owns both sides of the protected freshwater area;
any river with headwaters in a state other than Texas and a mouth or
confluence in a state other than Texas.
C.S.S.B. 155 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.S.B. 155 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.S.B. 155 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.S.B. 155 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 September 1, 2003.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute changes the definition of "navigable river or stream" to a
river or stream that retains an average width of 30 or more feet from the
mouth or confluence up.
In the exemption subsection for a private road crossing, the substitute
allows crossings established on or before December 31, 2003, rather than
January 1, 2003, as provided in the original bill, to be exempt.
The substitute 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.
Under the utilities exemption in the substitute, the transportation,
construction, operation, or maintenance of equipment is added along with
facilities and structures. The substitute provides for a water and
wastewater exemption. The substitute also provides an exemption for the
transportation of aggregates and for the production and transportation of
oil, natural gas, or coal.
The substitute exempts rivers whose headwaters and mouth are each in
states other than Texas.
The substitute adds new section that authorizes TPWD to conduct studies
necessary to implement this chapter.
The substitute 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 substitute provides that each violation under the Act is a separate
offense, rather than each day of a violation as provided in the original
bill. The substitute also provides that notwithstanding Section 12.403 of
the Parks and Wildlife Code, Subchapter B, Chapter 12, Penal Code applies
to punishments under this Act.
The substitute provides that 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.