| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of lifeguards and informational signs to |
|
|
improve safety on public beaches. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act shall be known as the Je'Sani Smith Act. |
|
|
SECTION 2. Section 61.065, Natural Resources Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) As part of the duty under this section to clean and |
|
|
maintain the condition of public beaches, a municipality shall: |
|
|
(1) during reasonable daylight hours for the months of |
|
|
March through November, provide: |
|
|
(A) occupied lifeguard towers on each side of |
|
|
each pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located within the corporate boundaries; or |
|
|
(B) a single occupied lifeguard tower at each |
|
|
pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located within the corporate boundaries if the |
|
|
single tower provides an unobstructed view of both sides of the |
|
|
structure; and |
|
|
(2) post within 100 yards of each side of each |
|
|
structure described by Subdivision (1) signs clearly describing the |
|
|
dangerous water conditions that may occur near the structure. |
|
|
SECTION 3. Section 61.066, Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 61.066. DUTY OF COUNTY. (a) It is the duty and |
|
|
responsibility of the commissioners court of any county located or |
|
|
bordering on the Gulf of Mexico to clean and maintain the condition |
|
|
of all public beaches located inside the county but outside the |
|
|
boundaries of any incorporated city located or bordering on the |
|
|
Gulf of Mexico and all public beaches owned by the county and |
|
|
located inside the boundaries of an incorporated city, town, or |
|
|
village. |
|
|
(b) As part of the duty under this section to clean and |
|
|
maintain the condition of public beaches, a county shall: |
|
|
(1) during reasonable daylight hours for the months of |
|
|
March through November, provide: |
|
|
(A) occupied lifeguard towers on each side of |
|
|
each pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located on a public beach described by Subsection |
|
|
(a); or |
|
|
(B) a single occupied lifeguard tower at each |
|
|
pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located on a public beach described by Subsection (a) |
|
|
if the single tower provides an unobstructed view of both sides of |
|
|
the structure; and |
|
|
(2) post within 100 yards of each side of each |
|
|
structure described by Subdivision (1) signs clearly describing the |
|
|
dangerous water conditions that may occur near the structure. |
|
|
SECTION 4. Section 61.067, Natural Resources Code, is |
|
|
amended by adding Subsection (a-2) to read as follows: |
|
|
(a-2) As part of the duty under this section to clean and |
|
|
maintain the condition of public beaches located within state |
|
|
parks, the department shall: |
|
|
(1) during reasonable daylight hours for the months of |
|
|
March through November, provide: |
|
|
(A) occupied lifeguard towers on each side of |
|
|
each pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located within a state park; or |
|
|
(B) a single occupied lifeguard tower at each |
|
|
pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located within a state park if the single tower |
|
|
provides an unobstructed view of both sides of the structure; and |
|
|
(2) post within 100 yards of each side of each |
|
|
structure described by Subdivision (1) signs clearly describing the |
|
|
dangerous water conditions that may occur near the structure. |
|
|
SECTION 5. Subchapter A, Chapter 13, Parks and Wildlife |
|
|
Code, is amended by adding Section 13.023 to read as follows: |
|
|
Sec. 13.023. LIFEGUARDS AND SIGNAGE IN CERTAIN AREAS. The |
|
|
department shall: |
|
|
(1) during reasonable daylight hours for the months of |
|
|
March through November, provide: |
|
|
(A) occupied lifeguard towers on each side of |
|
|
each pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located within a state park; or |
|
|
(B) a single occupied lifeguard tower at each |
|
|
pier, jetty, or other structure that protrudes into the Gulf of |
|
|
Mexico that is located within a state park if the single tower |
|
|
provides an unobstructed view of both sides of each structure; and |
|
|
(2) post within 100 yards of each side of each |
|
|
structure described by Subdivision (1) signs clearly describing the |
|
|
dangerous water conditions that may occur near the structure. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |