H.B. No. 3807
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 Subsections (c) and (d) 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, as established
and posted by the municipality, from Memorial Day to Labor Day,
provide, or ensure that a park board created by the municipality
under Chapter 306, Local Government Code, provides:
(A) occupied lifeguard towers or mobile
lifeguard units 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 or mobile
lifeguard unit 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.
(d) A municipality may suspend or alter the duties imposed
under Subsection (c) during dangerous weather conditions or
emergency operations.
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, as established
and posted by the county, from Memorial Day to Labor Day, provide:
(A) occupied lifeguard towers or mobile
lifeguard units 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 or mobile
lifeguard unit 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.
(c) A county may suspend or alter the duties imposed under
Subsection (b) during dangerous weather conditions or emergency
operations.
SECTION 4. Section 61.067, Natural Resources Code, is
amended by adding Subsections (a-2) and (a-3) 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, as established
and posted by the department, from Memorial Day to Labor Day,
provide:
(A) occupied lifeguard towers or mobile
lifeguard units 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 or mobile
lifeguard unit 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.
(a-3) The department may suspend or alter the duties imposed
under Subsection (a-2) during dangerous weather conditions or
emergency operations.
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. (a)
The department shall:
(1) during reasonable daylight hours, as established
and posted by the department, from Memorial Day to Labor Day,
provide:
(A) occupied lifeguard towers or mobile
lifeguard units 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 or mobile
lifeguard unit 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.
(b) The department may suspend or alter the duties imposed
under Subsection (a) during dangerous weather conditions or
emergency operations.
SECTION 6. The Parks and Wildlife Department is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, that agency may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 7. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3807 was passed by the House on April
20, 2021, by the following vote: Yeas 125, Nays 18, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3807 on May 28, 2021, by the following vote: Yeas 137, Nays 10,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3807 was passed by the Senate, with
amendments, on May 25, 2021, by the following vote: Yeas 26, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor