By: Gutierrez H.B. No. 155
A BILL TO BE ENTITLED
AN ACT
relating to access to rivers and riverbeds for individuals with
physical disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Matthew Dukes Act.
SECTION 2. Section 90.003, Parks and Wildlife Code, is
amended by amending Subsection (a) and adding Subsection (d) 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) subject to Subsection (d), a person who has a
permanent physical disability that substantially impairs one or
more of the major life activities of the person.
(d) A person described by Subsection (a)(3)(J):
(1) must have in or on the motor vehicle used to access
the protected freshwater area:
(A) a disabled parking placard issued under
Section 681.002, Transportation Code; or
(B) a license plate issued under Section 504.201,
Transportation Code;
(2) must have in the person's possession a written
statement from a licensed physician documenting the extent of the
disability; and
(3) may operate the motor vehicle used to access the
protected freshwater area only:
(A) on a part of the protected freshwater area
that is not covered by water; and
(B) for ingress to or egress from the protected
freshwater area or, for the purpose of making a 180-degree turn for
egress, within 100 feet upstream or downstream from the point of
ingress.
SECTION 3. This Act takes effect September 1, 2009.