By: Hunter, Morales of Harris H.B. No. 3807
A BILL TO BE ENTITLED
AN ACT
relating to the use of lifeguards and informational signs to
improve safety on public beaches.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Je'Sani Smith Act.
SECTION 2. Section 61.065, Natural Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) As part of the duty under this section to clean and
maintain the condition of public beaches, a municipality shall:
(1) during reasonable daylight hours for the months of
March through November, provide:
(A) occupied lifeguard towers on each side of
each pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located within the corporate boundaries; or
(B) a single occupied lifeguard tower at each
pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located within the corporate boundaries if the
single tower provides an unobstructed view of both sides of the
structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
SECTION 3. Section 61.066, Natural Resources Code, is
amended to read as follows:
Sec. 61.066. DUTY OF COUNTY. (a) It is the duty and
responsibility of the commissioners court of any county located or
bordering on the Gulf of Mexico to clean and maintain the condition
of all public beaches located inside the county but outside the
boundaries of any incorporated city located or bordering on the
Gulf of Mexico and all public beaches owned by the county and
located inside the boundaries of an incorporated city, town, or
village.
(b) As part of the duty under this section to clean and
maintain the condition of public beaches, a county shall:
(1) during reasonable daylight hours for the months of
March through November, provide:
(A) occupied lifeguard towers on each side of
each pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located on a public beach described by Subsection
(a); or
(B) a single occupied lifeguard tower at each
pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located on a public beach described by Subsection (a)
if the single tower provides an unobstructed view of both sides of
the structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
SECTION 4. Section 61.067, Natural Resources Code, is
amended by adding Subsection (a-2) to read as follows:
(a-2) As part of the duty under this section to clean and
maintain the condition of public beaches located within state
parks, the department shall:
(1) during reasonable daylight hours for the months of
March through November, provide:
(A) occupied lifeguard towers on each side of
each pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located within a state park; or
(B) a single occupied lifeguard tower at each
pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located within a state park if the single tower
provides an unobstructed view of both sides of the structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
SECTION 5. Subchapter A, Chapter 13, Parks and Wildlife
Code, is amended by adding Section 13.023 to read as follows:
Sec. 13.023. LIFEGUARDS AND SIGNAGE IN CERTAIN AREAS. The
department shall:
(1) during reasonable daylight hours for the months of
March through November, provide:
(A) occupied lifeguard towers on each side of
each pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located within a state park; or
(B) a single occupied lifeguard tower at each
pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located within a state park if the single tower
provides an unobstructed view of both sides of each structure; and
(2) post within 100 yards of each side of each
structure described by Subdivision (1) signs clearly describing the
dangerous water conditions that may occur near the structure.
SECTION 6. This Act takes effect September 1, 2021.