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BILL ANALYSIS

 

 

Senate Research Center

H.B. 630

 

By: Vasut (Huffman)

 

Finance

 

5/17/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In 2021, the legislature passed H.B. 3807, which requires, among other things, counties and municipalities bordering the Gulf of Mexico to provide occupied lifeguard towers or mobile lifeguard units on each side of each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within the boundaries of the county or municipality, or, alternatively, one occupied lifeguard tower or mobile unit for any structure protruding into the gulf if it has unobstructed view of both sides of the structure.

 

The legislature did not appropriate any funds to offset the costs of counties or municipalities complying with these new requirements. Certain counties and municipalities have raised concerns about the cost of complying with H.B. 3807.

 

H.B. 630 amends the provisions enacted by H.B. 3807 by exempting municipalities with a population of less than 15,000 and counties with a population of less than 500,000 that did not have lifeguards employed prior to June 1, 2021, from the occupied lifeguard tower and mobile lifeguard unit provisions of H.B. 3807.

 

H.B. 630 amends current law relating to the provision of lifeguards by certain municipalities and counties on public beaches.

 

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 Section 61.065, Natural Resources Code, by adding Subsection (e), as follows:

 

(e) Provides that Subsection (c)(1) (relating to requiring a municipality, as part of the duty under Section 61.065 (Duty of Cities) to clean and maintain the condition of public beaches during reasonable daylight hours, as established and posted by the municipality, from Memorial Day to Labor Day, to provide, or ensure that a park board created by the municipality provides, certain lifeguard structures) does not apply to a municipality with a population of less than 1,000 that is located in a county adjacent to a county with a population of more than 3.3 million.

 

SECTION 2. Amends Section 61.066, Natural Resources Code, by adding Subsection (e), as follows:

 

(e) Provides that Subsection (b)(1) (relating to requiring a county, as part of the duty under Section 61.066 (Duty of County) to clean and maintain the condition of public beaches during reasonable daylight hours, as established and posted by the county, from Memorial Day to Labor Day, to provide, or ensure that a park board created by the county provides, certain lifeguard structures) does not apply to a county adjacent to a county with a population of more than 3.3 million that contains a municipality adjacent to the Gulf of Mexico with a population of less than 1,000.

 

SECTION 3. Effective date: upon passage or September 1, 2023.