82R20299 JJT-F
By: Estes S.B. No. 408
(Keffer)
Substitute the following for S.B. No. 408: No.
A BILL TO BE ENTITLED
AN ACT
relating to inspection of and the operation of watercraft on the
John Graves Scenic Riverway; providing for the imposition of a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 26.555, Water Code, is
amended to read as follows:
(b) A [The] visual inspection from an aircraft flying over
the John Graves Scenic Riverway [inspections and the drawing of
water samples] must be conducted at least once in a winter month and
at least once in a summer month. A [The] visual inspection and the
drawing of water samples for testing [inspections] must be
conducted [both] from the surface of the [John Graves Scenic
Riverway and from an aircraft flying over the] riverway at least
once in a spring month and at least once in a fall month.
SECTION 2. Subchapter M, Chapter 26, Water Code, is amended
by adding Section 26.563 to read as follows:
Sec. 26.563. CERTAIN CRAFT PROHIBITED. (a) The commission
by rule shall prohibit the commercial or recreational use of the
following craft on the waters of the John Graves Scenic Riverway:
(1) airboats, fanboats, and similar shallow draft
watercraft that use an aircraft-type propeller for propulsion; and
(2) hovercraft.
(b) A rule adopted under this section must allow for the
operation of craft described by Subsection (a) for:
(1) a visual inspection conducted under Section
26.555; or
(2) law enforcement purposes.
(c) A person who operates a hovercraft or watercraft in
violation of a rule adopted under this section commits an offense.
An offense under this section is a Class C misdemeanor. Any peace
officer, including a law enforcement officer commissioned by the
Parks and Wildlife Commission, may enforce this section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.