By: Harris S.B. No. 410

(In the Senate - Filed February 1, 2007; February 21, 2007, read first time and referred to Committee on Natural Resources; April 3, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 10, Nays 0; April 3, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 410 By: Duncan

A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain municipal peace officers on a lake located partly in the municipality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 31, Parks and Wildlife Code, is amended by adding Section 31.1211 to read as follows:

Sec. 31.1211. JURISDICTION OF MUNICIPAL PEACE OFFICERS. (a) This section applies only to:

(1) a municipality with a population of 75,000 or more that:

(A) is located in a county with a population of 400,000 or more; and

(B) is adjacent to a lake:

(i) that is at least 20,000 acres;

(ii) that has at least 150 miles of shoreline; and

(iii) in which the municipality shares jurisdiction with at least three other municipalities located in the same county as the municipality, each of which has a population of 25,000 or less; and

(2) a municipality described by Subdivision (1)(B)(iii).

(b) Notwithstanding any other law limiting the enforcement jurisdiction of a peace officer, a peace officer of a municipality who is certified as a marine safety enforcement officer under Section 31.121 may enforce the provisions of this chapter within the entire area of a lake if any portion of the lake is contained in the corporate limits or extraterritorial jurisdiction of the municipality.

SECTION 2. 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, 2007.

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