Bill Text: TX HB3807 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the use of lifeguards and informational signs to improve safety on public beaches.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3807 Detail]
Download: Texas-2021-HB3807-Enrolled.html
H.B. No. 3807 |
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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 |