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A BILL TO BE ENTITLED
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AN ACT
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relating to access to rivers and riverbeds for individuals with |
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physical disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Matthew Dukes Act. |
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SECTION 2. Section 90.003, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) Section 90.002 does not apply to: |
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(1) a state, county, or municipal road right-of-way; |
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(2) a private road crossing established on or before |
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December 31, 2003; or |
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(3) operation of a motor vehicle by: |
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(A) a federal, state, or local government |
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employee if operation of a motor vehicle is necessary for |
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conducting official business; |
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(B) a person if operation of a motor vehicle is |
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necessary for reasonable purposes related to usual and customary |
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agricultural activities; |
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(C) a person if operation of a motor vehicle is |
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necessary to and is authorized by a mineral lease; |
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(D) a person if operation of a motor vehicle is |
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necessary to and authorized by a crossing easement granted by the |
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General Land Office under the Natural Resources Code; |
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(E) a person if operation of a motor vehicle is |
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necessary to an activity authorized by Chapter 86; |
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(F) a person in response to an emergency; |
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(G) a person if operation of a motor vehicle is |
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necessary for the lawful construction, operation, or maintenance of |
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equipment, facilities, or structures used for: |
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(i) the production, transportation, |
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transmission, or distribution of electric power; |
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(ii) the provision of telecommunications |
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services or other services delivered through a cable system; |
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(iii) the transportation of aggregates, |
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oil, natural gas, coal, or any product of oil, natural gas, or coal; |
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(iv) the production, treatment, or |
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transportation of water or wastewater; or |
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(v) dredge material disposal placement; |
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(H) an owner of the uplands adjacent to a |
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protected freshwater area, the owner's agent, lessee, sublessee, or |
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the lessee or sublessee's agent, representative, licensee, |
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invitee, or guest for reasonable purposes related to usual and |
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customary operation of: |
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(i) a camp regulated under Chapter 141, |
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Health and Safety Code; or |
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(ii) a retreat facility owned and operated |
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by a nonprofit corporation chartered under the laws of this state |
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before January 1, 1970; [or] |
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(I) an owner of the adjacent uplands on both |
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sides of a protected freshwater area and the owner's agents, |
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employees, representatives, and lessees only for the purpose of |
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accessing the owner's property on the opposite side of the |
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protected freshwater area when no reasonable alternate access is |
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available; or |
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(J) subject to Subsection (d), a person who has a |
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permanent physical disability that substantially impairs one or |
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more of the major life activities of the person. |
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(d) A person described by Subsection (a)(3)(J): |
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(1) must have in or on the motor vehicle used to access |
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the protected freshwater area: |
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(A) a disabled parking placard issued under |
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Section 681.002, Transportation Code; or |
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(B) a license plate issued under Section 504.201, |
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Transportation Code; |
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(2) must have in the person's possession a written |
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statement from a licensed physician documenting the extent of the |
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disability; and |
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(3) may operate the motor vehicle used to access the |
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protected freshwater area only: |
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(A) on a part of the protected freshwater area |
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that is not covered by water; and |
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(B) for ingress to or egress from the protected |
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freshwater area or, for the purpose of making a 180-degree turn for |
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egress, within 100 feet upstream or downstream from the point of |
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ingress. |
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SECTION 3. This Act takes effect September 1, 2009. |