| 1 | 1 | | By: Gutierrez H.B. No. 155 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to access to rivers and riverbeds for individuals with |
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| 7 | 7 | | physical disabilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. This Act may be cited as the Matthew Dukes Act. |
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| 10 | 10 | | SECTION 2. Section 90.003, Parks and Wildlife Code, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsection (d) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) Section 90.002 does not apply to: |
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| 14 | 14 | | (1) a state, county, or municipal road right-of-way; |
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| 15 | 15 | | (2) a private road crossing established on or before |
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| 16 | 16 | | December 31, 2003; or |
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| 17 | 17 | | (3) operation of a motor vehicle by: |
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| 18 | 18 | | (A) a federal, state, or local government |
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| 19 | 19 | | employee if operation of a motor vehicle is necessary for |
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| 20 | 20 | | conducting official business; |
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| 21 | 21 | | (B) a person if operation of a motor vehicle is |
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| 22 | 22 | | necessary for reasonable purposes related to usual and customary |
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| 23 | 23 | | agricultural activities; |
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| 24 | 24 | | (C) a person if operation of a motor vehicle is |
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| 25 | 25 | | necessary to and is authorized by a mineral lease; |
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| 26 | 26 | | (D) a person if operation of a motor vehicle is |
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| 27 | 27 | | necessary to and authorized by a crossing easement granted by the |
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| 28 | 28 | | General Land Office under the Natural Resources Code; |
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| 29 | 29 | | (E) a person if operation of a motor vehicle is |
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| 30 | 30 | | necessary to an activity authorized by Chapter 86; |
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| 31 | 31 | | (F) a person in response to an emergency; |
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| 32 | 32 | | (G) a person if operation of a motor vehicle is |
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| 33 | 33 | | necessary for the lawful construction, operation, or maintenance of |
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| 34 | 34 | | equipment, facilities, or structures used for: |
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| 35 | 35 | | (i) the production, transportation, |
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| 36 | 36 | | transmission, or distribution of electric power; |
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| 37 | 37 | | (ii) the provision of telecommunications |
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| 38 | 38 | | services or other services delivered through a cable system; |
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| 39 | 39 | | (iii) the transportation of aggregates, |
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| 40 | 40 | | oil, natural gas, coal, or any product of oil, natural gas, or coal; |
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| 41 | 41 | | (iv) the production, treatment, or |
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| 42 | 42 | | transportation of water or wastewater; or |
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| 43 | 43 | | (v) dredge material disposal placement; |
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| 44 | 44 | | (H) an owner of the uplands adjacent to a |
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| 45 | 45 | | protected freshwater area, the owner's agent, lessee, sublessee, or |
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| 46 | 46 | | the lessee or sublessee's agent, representative, licensee, |
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| 47 | 47 | | invitee, or guest for reasonable purposes related to usual and |
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| 48 | 48 | | customary operation of: |
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| 49 | 49 | | (i) a camp regulated under Chapter 141, |
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| 50 | 50 | | Health and Safety Code; or |
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| 51 | 51 | | (ii) a retreat facility owned and operated |
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| 52 | 52 | | by a nonprofit corporation chartered under the laws of this state |
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| 53 | 53 | | before January 1, 1970; [or] |
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| 54 | 54 | | (I) an owner of the adjacent uplands on both |
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| 55 | 55 | | sides of a protected freshwater area and the owner's agents, |
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| 56 | 56 | | employees, representatives, and lessees only for the purpose of |
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| 57 | 57 | | accessing the owner's property on the opposite side of the |
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| 58 | 58 | | protected freshwater area when no reasonable alternate access is |
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| 59 | 59 | | available; or |
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| 60 | 60 | | (J) subject to Subsection (d), a person who has a |
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| 61 | 61 | | permanent physical disability that substantially impairs one or |
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| 62 | 62 | | more of the major life activities of the person. |
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| 63 | 63 | | (d) A person described by Subsection (a)(3)(J): |
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| 64 | 64 | | (1) must have in or on the motor vehicle used to access |
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| 65 | 65 | | the protected freshwater area: |
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| 66 | 66 | | (A) a disabled parking placard issued under |
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| 67 | 67 | | Section 681.002, Transportation Code; or |
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| 68 | 68 | | (B) a license plate issued under Section 504.201, |
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| 69 | 69 | | Transportation Code; |
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| 70 | 70 | | (2) must have in the person's possession a written |
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| 71 | 71 | | statement from a licensed physician documenting the extent of the |
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| 72 | 72 | | disability; and |
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| 73 | 73 | | (3) may operate the motor vehicle used to access the |
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| 74 | 74 | | protected freshwater area only: |
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| 75 | 75 | | (A) on a part of the protected freshwater area |
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| 76 | 76 | | that is not covered by water; and |
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| 77 | 77 | | (B) for ingress to or egress from the protected |
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| 78 | 78 | | freshwater area or, for the purpose of making a 180-degree turn for |
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| 79 | 79 | | egress, within 100 feet upstream or downstream from the point of |
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| 80 | 80 | | ingress. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2009. |
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