Riverbeds bill passed
A BILL TO BE ENTITLED
AN ACT
relating to the protection of the natural condition of the beds and
banks of state-owned watercourses; providing civil and criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 11, Natural Resources Code, is amended by
adding Chapter 212 to read as follows:
CHAPTER 212. PROTECTION OF NATURAL CONDITION OF BEDS AND BANKS
OF STATE-OWNED WATERCOURSES
Sec. 212.001. POWER TO ADOPT AND ENFORCE RULES. (a) A river
authority may adopt and enforce rules to:
(1) limit or prohibit vehicular access to and use of
the beds and banks of the state-owned watercourses within the
authority's boundaries in order to protect the natural condition of
the beds and banks against disturbance; and
(2) prohibit within the beds and banks of the
state-owned watercourses within the authority's boundaries
littering, destruction of aquatic habitat, pollution, and
activities endangering the public safety.
(b) A river authority may not adopt rules under Subsection
(a)(1) limiting or prohibiting vehicular access to and use of the
beds and banks of state-owned watercourses by an owner of the
adjacent uplands or an agent, employee, representative, or lessee
of the owner for reasonable purposes related to usual and customary
agricultural operations if the vehicular access and use is limited
to those reaches of the watercourse adjacent to the owner's
property.
(c) Rules adopted under this section do not affect the use
of the beds and banks of state-owned watercourses for:
(1) emergency or rescue operations; or
(2) activities specifically authorized by the state or
a political subdivision of the state acting under state law.
Sec. 212.002. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
person who violates a rule adopted by a river authority under
Section 212.001 is liable to the river authority for a civil penalty
of not less than $50 or more than $1,000 for each violation. Each
day a violation continues is considered a separate violation for
purposes of assessing the civil penalty. The river authority may
sue to collect the penalty.
(b) A river authority may sue to enjoin a violation or
threatened violation of a rule adopted under Section 212.001.
(c) A river authority may sue for injunctive relief and a
civil penalty in the same proceeding.
(d) A suit under this section must be brought in a district
court in the county in which the violation occurred or is
threatened.
Sec. 212.003. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates a rule adopted under Section
212.001.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. This Act takes effect September 1, 2003.
By: Puente H.B. No. 305
A BILL TO BE ENTITLED
AN ACT
relating to the protection of public freshwater areas; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Parks and Wildlife Code, is amended by
adding Subtitle I to read as follows:
SUBTITLE I. PROTECTED FRESHWATER AREAS
CHAPTER 90. ACCESS TO PROTECTED FRESHWATER AREAS
Sec. 90.001. DEFINITIONS. In this chapter:
(1) "Emergency" means a condition or circumstance in
which a person reasonably believes that an individual has sustained
serious bodily injury or is in imminent danger of serious bodily
injury or that property has sustained significant damage or
destruction or is in imminent danger of significant damage or
destruction.
(2) "Motor vehicle" means any wheeled or tracked
vehicle, machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power and used to transport persons or things.
(3) "Protected freshwater area" means that portion of
the bottom, bed, or bank of any navigable river or stream. The term
does not include that portion of a bed, bottom, or bank that lies
below tidewater limits or is privately owned.
Sec. 90.002. OPERATION OF MOTOR VEHICLE IN PROTECTED
FRESHWATER AREA PROHIBITED. No person may operate a motor vehicle
in or on a protected freshwater area.
Sec. 90.003. EXEMPTIONS. (a) Section 90.002 does not apply
to:
(1) a state, county, or municipal road right-of-way;
(2) a private road crossing established before January
1, 2003; or
(3) operation of a motor vehicle by:
(A) a federal, state, or local government
employee if operation of a motor vehicle is necessary for
conducting official business;
(B) an owner of the adjacent uplands and the
owner's agents, employees, representatives, and lessees for
reasonable purposes related to usual and customary agricultural
purposes;
(C) a person if operation of a motor vehicle is
necessary to and is authorized by a mineral lease or crossing
easement granted by the General Land Office under the Natural
Resources Code;
(D) a person if operation of a motor vehicle is
necessary to an activity authorized by Chapter 86; or
(E) a person in response to an emergency.
(b) A person exempt under this section who operates a motor
vehicle in or on a protected freshwater area shall do so in a manner
that avoids, to the extent reasonably possible, harming or
disturbing vegetation, wildlife, or wildlife habitat whitin the
protected freshwater area. A person exempt under this section who
is crossing a protected freshwater area shall cross by the most
direct feasible route.
Sec. 90.004. LANDOWNER RIGHTS. (a) A prescriptive
easement over private property cannot be created by recreational
use of a protected freshwater area, including by portage over or
around barriers, scouting of obstructions, or crossing of private
property to or from a protected freshwater area.
(b) Nothing in this section shall limit the right of a
person to navigate in, on, or around a protected freshwater area.
Sec. 90.005. PUBLIC ACCESS. (a) Except as otherwise
allowed by law, no person may restrict, obstruct, intefere with, or
limit public recreational use of a protected freshwater area.
(b) This section does not allow the public to use private
property to gain access to a protected freshwater area without
permission of the landowner.
Sec. 90.006. ENFORCEMENT. All peace officers of this state
shall enforce the provisions of this Act.
Sec. 90.007. PENALTY. (a) A person commits an offense if
the person violates Section 90.002 or 90.005.
(b) Except as provided by Subsection (c), an offense under
Subsection (a) is a Class C misdemeanor.
(c) If it is shown on the trial of an offense under this
section that the defendant was previously convicted two or more
times under Section 90.002 or 90.005, or Sections 90.002 and
90.005, on conviction the defendant shall be punished for a Class B
misdemeanor.
(d) Each day of a violation under this section is a separate
offense.
SECTION 2. This Act takes effect September 1, 2003.
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