By: Guillen, Lozano (Senate Sponsor - Deuell) H.B. No. 1241
(In the Senate - Received from the House April 4, 2013;
April 9, 2013, read first time and referred to Committee on
Agriculture, Rural Affairs, and Homeland Security; May 15, 2013,
reported favorably by the following vote: Yeas 4, Nays 0;
May 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of rules by the Parks and Wildlife
Commission to protect the public water of this state from the spread
of aquatic invasive species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 66, Parks and Wildlife
Code, is amended by adding Section 66.0073 to read as follows:
Sec. 66.0073. RULES REQUIRING WATER TO BE DRAINED. (a) In
this section:
(1) "Public water" has the meaning assigned by Section
66.015.
(2) "Salt water" has the meaning assigned by Section
66.001.
(3) "Vessel" has the meaning assigned by Section
31.003.
(b) The commission may adopt rules requiring a person
leaving or approaching public water to drain from a vessel or
portable container on board the vessel any water that has been
collected from or has come in contact with public water. This
subsection does not apply to salt water.
(c) When promulgating rules described by Subsection (b),
the commission shall consider the effects on boaters, anglers, and
local interests while maintaining the ability to prevent the spread
of harmful or potentially harmful exotic fish, shellfish, and
aquatic plants.
(d) If the commission adopts rules described by Subsection
(b), an authorized employee of the department may inspect a vessel
leaving or approaching public water, including any portable
containers on board the vessel, for the presence of water. This
subsection does not apply to a vessel that is on public water.
SECTION 2. 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, 2013.
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