78R719 SMH-D

By:  Puente                                                       H.B. No. 206



A BILL TO BE ENTITLED

AN ACT

relating to the protection of the natural condition of the beds and 
banks of state-owned watercourses; providing civil and criminal 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 11, Natural Resources Code, is amended by 
adding Chapter 212 to read as follows:

CHAPTER 212.  PROTECTION OF NATURAL CONDITION OF BEDS AND BANKS

OF STATE-OWNED WATERCOURSES
	Sec. 212.001.  POWER TO ADOPT AND ENFORCE RULES.  (a) A river 
authority may adopt and enforce rules to:
		(1)  limit or prohibit vehicular access to and use of 
the beds and banks of the state-owned watercourses within the 
authority's boundaries in order to protect the natural condition of 
the beds and banks against disturbance; and
		(2)  prohibit within the beds and banks of the 
state-owned watercourses within the authority's boundaries 
littering, destruction of aquatic habitat, pollution, and 
activities endangering the public safety.
	(b)  A river authority may not adopt rules under Subsection 
(a)(1) limiting or prohibiting vehicular access to and use of the 
beds and banks of state-owned watercourses by an owner of the 
adjacent uplands or an agent, employee, representative, or lessee 
of the owner for reasonable purposes related to usual and customary 
agricultural operations if the vehicular access and use is limited 
to those reaches of the watercourse adjacent to the owner's 
property.
	(c)  Rules adopted under this section do not affect the use 
of the beds and banks of state-owned watercourses for:
		(1)  emergency or rescue operations; or                                
		(2)  activities specifically authorized by the state or 
a political subdivision of the state acting under state law.
	Sec. 212.002.  CIVIL PENALTY; INJUNCTIVE RELIEF.  (a) A 
person who violates a rule adopted by a river authority under 
Section 212.001 is liable to the river authority for a civil penalty 
of not less than $50 or more than $1,000 for each violation.  Each 
day a violation continues is considered a separate violation for 
purposes of assessing the civil penalty.  The river authority may 
sue to collect the penalty.
	(b)  A river authority may sue to enjoin a violation or 
threatened violation of a rule adopted under Section 212.001.
	(c)  A river authority may sue for injunctive relief and a 
civil penalty in the same proceeding.
	(d)  A suit under this section must be brought in a district 
court in the county in which the violation occurred or is 
threatened.
	Sec. 212.003.  CRIMINAL PENALTY.  (a) A person commits an 
offense if the person violates a rule adopted under Section 
212.001.
	(b)  An offense under this section is a Class B misdemeanor.            
	SECTION 2.  This Act takes effect September 1, 2003.