Texas 2021 - 87th Regular

Texas House Bill HB3807 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3807
	1	+	By: Hunter, Herrero, Morales of Harris H.B. No. 3807
	2	+	(Senate Sponsor - Hinojosa)
	3	+	(In the Senate - Received from the House April 20, 2021;
	4	+	May 6, 2021, read first time and referred to Committee on Natural
	5	+	Resources & Economic Development; May 20, 2021, reported
	6	+	adversely, with favorable Committee Substitute by the following
	7	+	vote: Yeas 7, Nays 0; May 20, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3807 By: Hinojosa
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the use of lifeguards and informational signs to
6	15		improve safety on public beaches.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. This Act shall be known as the Je'Sani Smith Act.
9	18		SECTION 2. Section 61.065, Natural Resources Code, is
10	19		amended by adding Subsections (c) and (d) to read as follows:
11	20		(c) As part of the duty under this section to clean and
12	21		maintain the condition of public beaches, a municipality shall:
13	22		(1) during reasonable daylight hours, as established
14	23		and posted by the municipality, from Memorial Day to Labor Day,
15		-	provide, or ensure that a park board created by the municipality
16		-	under Chapter 306, Local Government Code, provides:
	24	+	provide:
17	25		(A) occupied lifeguard towers or mobile
18	26		lifeguard units on each side of each pier, jetty, or other structure
19	27		that protrudes into the Gulf of Mexico that is located within the
20	28		corporate boundaries; or
21	29		(B) a single occupied lifeguard tower or mobile
22	30		lifeguard unit at each pier, jetty, or other structure that
23	31		protrudes into the Gulf of Mexico that is located within the
24	32		corporate boundaries if the single tower provides an unobstructed
25	33		view of both sides of the structure; and
26	34		(2) post within 100 yards of each side of each
27	35		structure described by Subdivision (1) signs clearly describing the
28	36		dangerous water conditions that may occur near the structure.
29	37		(d) A municipality may suspend or alter the duties imposed
30	38		under Subsection (c) during dangerous weather conditions or
31	39		emergency operations.
32	40		SECTION 3. Section 61.066, Natural Resources Code, is
33	41		amended to read as follows:
34	42		Sec. 61.066. DUTY OF COUNTY. (a) It is the duty and
35	43		responsibility of the commissioners court of any county located or
36	44		bordering on the Gulf of Mexico to clean and maintain the condition
37	45		of all public beaches located inside the county but outside the
38	46		boundaries of any incorporated city located or bordering on the
39	47		Gulf of Mexico and all public beaches owned by the county and
40	48		located inside the boundaries of an incorporated city, town, or
41	49		village.
42	50		(b) As part of the duty under this section to clean and
43	51		maintain the condition of public beaches, a county shall:
44	52		(1) during reasonable daylight hours, as established
45	53		and posted by the county, from Memorial Day to Labor Day, provide:
46	54		(A) occupied lifeguard towers or mobile
47	55		lifeguard units on each side of each pier, jetty, or other structure
48	56		that protrudes into the Gulf of Mexico that is located on a public
49	57		beach described by Subsection (a); or
50	58		(B) a single occupied lifeguard tower or mobile
51	59		lifeguard unit at each pier, jetty, or other structure that
52	60		protrudes into the Gulf of Mexico that is located on a public beach
53	61		described by Subsection (a) if the single tower provides an
54	62		unobstructed view of both sides of the structure; and
55	63		(2) post within 100 yards of each side of each
56	64		structure described by Subdivision (1) signs clearly describing the
57	65		dangerous water conditions that may occur near the structure.
58	66		(c) A county may suspend or alter the duties imposed under
59	67		Subsection (b) during dangerous weather conditions or emergency
60	68		operations.
61	69		SECTION 4. Section 61.067, Natural Resources Code, is
62	70		amended by adding Subsections (a-2) and (a-3) to read as follows:
63	71		(a-2) As part of the duty under this section to clean and
64	72		maintain the condition of public beaches located within state
65	73		parks, the department shall:
66	74		(1) during reasonable daylight hours, as established
67	75		and posted by the department, from Memorial Day to Labor Day,
68	76		provide:
69	77		(A) occupied lifeguard towers or mobile
70	78		lifeguard units on each side of each pier, jetty, or other structure
71	79		that protrudes into the Gulf of Mexico that is located within a
72	80		state park; or
73	81		(B) a single occupied lifeguard tower or mobile
74	82		lifeguard unit at each pier, jetty, or other structure that
75	83		protrudes into the Gulf of Mexico that is located within a state
76	84		park if the single tower provides an unobstructed view of both sides
77	85		of the structure; and
78	86		(2) post within 100 yards of each side of each
79	87		structure described by Subdivision (1) signs clearly describing the
80	88		dangerous water conditions that may occur near the structure.
81	89		(a-3) The department may suspend or alter the duties imposed
82	90		under Subsection (a-2) during dangerous weather conditions or
83	91		emergency operations.
84	92		SECTION 5. Subchapter A, Chapter 13, Parks and Wildlife
85	93		Code, is amended by adding Section 13.023 to read as follows:
86	94		Sec. 13.023. LIFEGUARDS AND SIGNAGE IN CERTAIN AREAS. (a)
87	95		The department shall:
88	96		(1) during reasonable daylight hours, as established
89	97		and posted by the department, from Memorial Day to Labor Day,
90	98		provide:
91	99		(A) occupied lifeguard towers or mobile
92	100		lifeguard units on each side of each pier, jetty, or other structure
93	101		that protrudes into the Gulf of Mexico that is located within a
94	102		state park; or
95	103		(B) a single occupied lifeguard tower or mobile
96	104		lifeguard unit at each pier, jetty, or other structure that
97	105		protrudes into the Gulf of Mexico that is located within a state
98	106		park if the single tower provides an unobstructed view of both sides
99	107		of each structure; and
100	108		(2) post within 100 yards of each side of each
101	109		structure described by Subdivision (1) signs clearly describing the
102	110		dangerous water conditions that may occur near the structure.
103	111		(b) The department may suspend or alter the duties imposed
104	112		under Subsection (a) during dangerous weather conditions or
105	113		emergency operations.
106	114		SECTION 6. The Parks and Wildlife Department is required to
107	115		implement a provision of this Act only if the legislature
108	116		appropriates money specifically for that purpose. If the
109	117		legislature does not appropriate money specifically for that
110	118		purpose, that agency may, but is not required to, implement a
111	119		provision of this Act using other appropriations available for that
112	120		purpose.
113	121		SECTION 7. This Act takes effect September 1, 2021.
114		-	______________________________ ______________________________
115		-	President of the Senate Speaker of the House
116		-	I certify that H.B. No. 3807 was passed by the House on April
117		-	20, 2021, by the following vote: Yeas 125, Nays 18, 1 present, not
118		-	voting; and that the House concurred in Senate amendments to H.B.
119		-	No. 3807 on May 28, 2021, by the following vote: Yeas 137, Nays 10,
120		-	1 present, not voting.
121		-	______________________________
122		-	Chief Clerk of the House
123		-	I certify that H.B. No. 3807 was passed by the Senate, with
124		-	amendments, on May 25, 2021, by the following vote: Yeas 26, Nays
125		-	5.
126		-	______________________________
127		-	Secretary of the Senate
128		-	APPROVED: __________________
129		-	Date
130		-	__________________
131		-	Governor
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