| 1 | 1 | | 85R3352 AAF-F |
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| 2 | 2 | | By: Elkins H.B. No. 1875 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of the Plains Junction Trail by adjoining |
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| 8 | 8 | | landowners. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 28, Parks and Wildlife Code, is amended |
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| 11 | 11 | | by adding Section 28.005 to read as follows: |
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| 12 | 12 | | Sec. 28.005. PLAINS JUNCTION TRAIL. (a) In this section: |
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| 13 | 13 | | (1) "Owner" includes the owner's lessee, employee, or |
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| 14 | 14 | | guest. |
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| 15 | 15 | | (2) "Plains Junction Trail" means the part of the |
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| 16 | 16 | | Caprock Canyons Trailway in Hall County that extends approximately |
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| 17 | 17 | | 10 miles from the Estelline Terminal on United States Highway 287 to |
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| 18 | 18 | | Parnell Station trailhead on State Highway 86. |
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| 19 | 19 | | (b) The owner of land adjoining the Plains Junction Trail |
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| 20 | 20 | | may operate a motor driven vehicle or motor driven equipment, as |
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| 21 | 21 | | determined by the commission, on the trail right-of-way if the |
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| 22 | 22 | | operation of the motor driven vehicle or equipment is: |
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| 23 | 23 | | (1) temporary; |
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| 24 | 24 | | (2) occasional; and |
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| 25 | 25 | | (3) necessary or convenient for the transportation of |
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| 26 | 26 | | animals, equipment, or people. |
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| 27 | 27 | | (c) An owner operating a motor driven vehicle or equipment |
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| 28 | 28 | | under Subsection (b): |
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| 29 | 29 | | (1) is exempt from any permit or fee required by the |
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| 30 | 30 | | department for use of the Plains Junction Trail; and |
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| 31 | 31 | | (2) must avoid causing permanent damage to the plant |
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| 32 | 32 | | life and geological features of the Plains Junction Trail. |
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| 33 | 33 | | (d) Operation of a motor driven vehicle or equipment under |
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| 34 | 34 | | this section is subject to regulation by the department to protect |
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| 35 | 35 | | the safety of persons or property. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2017. |
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