79R8004 RMB-D

By:  Hinojosa                                                     S.B. No. 1127



A BILL TO BE ENTITLED

AN ACT

relating to the presence of open water lifeguards on all public 
beaches in this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 61.011(d), Natural Resources Code, is 
amended to read as follows:
	(d)  The commissioner shall promulgate rules, consistent 
with the policies established in this section, on the following 
matters only:
		(1)  acquisition by local governments or other 
appropriate entities or public dedication of access ways sufficient 
to provide adequate public ingress and egress to and from the beach 
within the area described in Subdivision (6);
		(2)  protection of the public easement from erosion or 
reduction caused by development or other activities on adjacent 
land and beach cleanup and maintenance;
		(3)  local government prohibitions of vehicular 
traffic on public beaches, provision of off-beach parking, and 
other minimum measures needed to mitigate for any adverse effect on 
public access and dune areas;
		(4)  imposition of beach access, user, or parking fees 
and reasonable exercises of the police power by local governments 
with respect to public beaches;
		(5)  contents and certification of beach access and use 
plans and standards for local government review of construction on 
land adjacent to and landward of public beaches;
		(6)  construction on land adjacent to and landward of 
public beaches and lying in the area either up to the first public 
road generally parallel to the beach or to any closer public road 
not parallel to the beach, or to within 1,000 feet of mean high 
tide, whichever is greater, that affects or may affect public 
access to and use of public beaches; [and]
		(7)  the temporary suspension under Section 61.0185 of 
enforcement of the prohibition against encroachments on and 
interferences with the public beach easement and the ability of a 
property owner to make repairs to a house while a suspension is in 
effect; and
		(8)  provision of an appropriate number of lifeguards 
for each public beach consistent with the requirements of Section 
61.027.
	SECTION 2.  Subchapter B, Chapter 61, Natural Resources 
Code, is amended by adding Section 61.027 to read as follows:
	Sec. 61.027.  LIFEGUARDS.  (a)  The land office shall 
establish a program to provide for the placement of an appropriate 
number of lifeguards on each public beach in this state.
	(b)  The land office may employ lifeguards directly or may 
contract with a municipality, county, or other political 
subdivision under Chapter 791, Government Code, for lifeguard 
services.
	(c)  Each lifeguard employed by the land office or providing 
lifeguard services under an interlocal contract with a 
municipality, county, or other political subdivision must:
		(1)  have completed a training program for open water 
lifeguards that meets the requirements of a lifeguard agency 
certification program recognized by the land office; and
		(2)  be certified as an emergency medical technician 
under Chapter 773, Health and Safety Code.
	(d)  The land office may recognize the United States 
Lifesaving Association's lifeguard agency certification program 
for purposes of Subsection (c)(1).
	(e)  Notwithstanding any other law, a municipality, county, 
or other political subdivision may not provide lifeguard services 
for a public beach except under an interlocal contract with the land 
office.
	(f)  The commissioner may adopt rules to implement this 
section.      
	SECTION 3.  Not later than December 1, 2005, the 
commissioner of the General Land Office shall adopt rules required 
by Section 61.027, Natural Resources Code, as added by this Act.
	SECTION 4.  Notwithstanding Section 61.027(e), Natural 
Resources Code, as added by this Act, a municipality, county, or 
other political subdivision that is providing lifeguard services 
for a public beach on the effective date of this Act may continue to 
provide those services until the General Land Office establishes 
the program required by Section 61.027, Natural Resources Code, as 
added by this Act.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.