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AN ACT
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relating to inspection of and the operation of watercraft on the |
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John Graves Scenic Riverway; providing for the imposition of a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 26.555, Water Code, is |
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amended to read as follows: |
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(b) A [The] visual inspection from an aircraft flying over |
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the John Graves Scenic Riverway [inspections and the drawing of
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water samples] must be conducted at least once in a winter month and |
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at least once in a summer month. A [The] visual inspection and the |
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drawing of water samples for testing [inspections] must be |
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conducted [both] from the surface of the [John Graves Scenic
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Riverway and from an aircraft flying over the] riverway at least |
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once in a spring month and at least once in a fall month. |
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SECTION 2. Subchapter M, Chapter 26, Water Code, is amended |
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by adding Section 26.563 to read as follows: |
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Sec. 26.563. CERTAIN CRAFT PROHIBITED. (a) The commission |
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by rule shall prohibit the commercial or recreational use of the |
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following craft on the waters of the John Graves Scenic Riverway: |
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(1) airboats, fanboats, and similar shallow draft |
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watercraft that use an aircraft-type propeller for propulsion; and |
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(2) hovercraft. |
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(b) A rule adopted under this section must allow for the |
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operation of craft described by Subsection (a) for: |
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(1) a visual inspection conducted under Section |
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26.555; or |
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(2) law enforcement purposes. |
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(c) A person who operates a hovercraft or watercraft in |
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violation of a rule adopted under this section commits an offense. |
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An offense under this section is a Class C misdemeanor. Any peace |
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officer, including a law enforcement officer commissioned by the |
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Parks and Wildlife Commission, may enforce this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 408 passed the Senate on |
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March 15, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2011, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 408 passed the House, with |
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amendment, on May 20, 2011, by the following vote: Yeas 148, |
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Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |