| 1 | 1 | | 82R20299 JJT-F |
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| 2 | 2 | | By: Estes S.B. No. 408 |
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| 3 | 3 | | (Keffer) |
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| 4 | 4 | | Substitute the following for S.B. No. 408: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to inspection of and the operation of watercraft on the |
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| 10 | 10 | | John Graves Scenic Riverway; providing for the imposition of a |
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| 11 | 11 | | criminal penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subsection (b), Section 26.555, Water Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (b) A [The] visual inspection from an aircraft flying over |
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| 16 | 16 | | the John Graves Scenic Riverway [inspections and the drawing of |
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| 17 | 17 | | water samples] must be conducted at least once in a winter month and |
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| 18 | 18 | | at least once in a summer month. A [The] visual inspection and the |
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| 19 | 19 | | drawing of water samples for testing [inspections] must be |
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| 20 | 20 | | conducted [both] from the surface of the [John Graves Scenic |
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| 21 | 21 | | Riverway and from an aircraft flying over the] riverway at least |
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| 22 | 22 | | once in a spring month and at least once in a fall month. |
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| 23 | 23 | | SECTION 2. Subchapter M, Chapter 26, Water Code, is amended |
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| 24 | 24 | | by adding Section 26.563 to read as follows: |
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| 25 | 25 | | Sec. 26.563. CERTAIN CRAFT PROHIBITED. (a) The commission |
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| 26 | 26 | | by rule shall prohibit the commercial or recreational use of the |
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| 27 | 27 | | following craft on the waters of the John Graves Scenic Riverway: |
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| 28 | 28 | | (1) airboats, fanboats, and similar shallow draft |
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| 29 | 29 | | watercraft that use an aircraft-type propeller for propulsion; and |
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| 30 | 30 | | (2) hovercraft. |
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| 31 | 31 | | (b) A rule adopted under this section must allow for the |
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| 32 | 32 | | operation of craft described by Subsection (a) for: |
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| 33 | 33 | | (1) a visual inspection conducted under Section |
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| 34 | 34 | | 26.555; or |
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| 35 | 35 | | (2) law enforcement purposes. |
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| 36 | 36 | | (c) A person who operates a hovercraft or watercraft in |
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| 37 | 37 | | violation of a rule adopted under this section commits an offense. |
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| 38 | 38 | | An offense under this section is a Class C misdemeanor. Any peace |
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| 39 | 39 | | officer, including a law enforcement officer commissioned by the |
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| 40 | 40 | | Parks and Wildlife Commission, may enforce this section. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2011. |
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