81R1252 SLB-D
By: Gutierrez H.B. No. 155
A BILL TO BE ENTITLED
AN ACT
relating to access to rivers and riverbeds for individuals with
physical impairments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 90.003(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Section 90.002 does not apply to:
(1) a state, county, or municipal road right-of-way;
(2) a private road crossing established on or before
December 31, 2003; or
(3) operation of a motor vehicle by:
(A) a federal, state, or local government
employee if operation of a motor vehicle is necessary for
conducting official business;
(B) a person if operation of a motor vehicle is
necessary for reasonable purposes related to usual and customary
agricultural activities;
(C) a person if operation of a motor vehicle is
necessary to and is authorized by a mineral lease;
(D) a person if operation of a motor vehicle is
necessary to and authorized by a crossing easement granted by the
General Land Office under the Natural Resources Code;
(E) a person if operation of a motor vehicle is
necessary to an activity authorized by Chapter 86;
(F) a person in response to an emergency;
(G) a person if operation of a motor vehicle is
necessary for the lawful construction, operation, or maintenance of
equipment, facilities, or structures used for:
(i) the production, transportation,
transmission, or distribution of electric power;
(ii) the provision of telecommunications
services or other services delivered through a cable system;
(iii) the transportation of aggregates,
oil, natural gas, coal, or any product of oil, natural gas, or coal;
(iv) the production, treatment, or
transportation of water or wastewater; or
(v) dredge material disposal placement;
(H) an owner of the uplands adjacent to a
protected freshwater area, the owner's agent, lessee, sublessee, or
the lessee or sublessee's agent, representative, licensee,
invitee, or guest for reasonable purposes related to usual and
customary operation of:
(i) a camp regulated under Chapter 141,
Health and Safety Code; or
(ii) a retreat facility owned and operated
by a nonprofit corporation chartered under the laws of this state
before January 1, 1970; [or]
(I) an owner of the adjacent uplands on both
sides of a protected freshwater area and the owner's agents,
employees, representatives, and lessees only for the purpose of
accessing the owner's property on the opposite side of the
protected freshwater area when no reasonable alternate access is
available; or
(J) an individual who has a physical impairment
that substantially limits one or more of the major life activities
of the individual.
SECTION 2. This Act takes effect September 1, 2009.