BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 410

80R3388 PAM-D                                                                                                               By: Harris

                                                                                                                               Natural Resources

                                                                                                                                            3/22/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, municipalities are authorized to enforce the laws of a lake on the parts of a body of water that fall within a municipality's jurisdiction with a registered marine enforcement unit. The remainder of the lake is patrolled by Texas Parks and Wildlife Department (TPWD) and the county under whose jurisdiction the lake falls. Counties or TPWD enforce large areas of water with only a few boats, resulting in fewer patrol boats and protection for those waters when performing administrative or punitive functions.

 

As proposed, S.B. 410 authorizes a municipality that borders any body of water that falls within the municipality's jurisdiction to enforce all laws on the entirety of that body of water with a registered marine enforcement unit.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter E, Chapter 31, Parks and Wildlife Code, by adding Section 31.1211, as follows:

 

Sec. 31.1211. JURISDICTION OF MUNICIPAL PEACE OFFICERS. Authorizes a peace officer of a municipality certified as a marine safety enforcement officer to enforce the provisions of this chapter (Water Safety) within the entire area of a lake if the lake is contained in the corporate limits or extraterritorial jurisdiction of the municipality, notwithstanding any other law limiting a peace officer's enforcement jurisdiction.

 

SECTION 2. Effective date: upon passage or September 1, 2007.