Bill Text: TX SB408 | 2011-2012 | 82nd Legislature | Enrolled

Texas Senate Bill 408 (Prior Session Legislation)

Bill Title: Relating to inspection of and the operation of watercraft on the John Graves Scenic Riverway; providing for the imposition of a criminal penalty.

Sponsorship: Partisan Bill (Republican 2)

Status: (Vetoed) 2011-06-17 - Vetoed by the Governor [SB408 Detail]

Download: Texas-2011-SB408-Enrolled.html



	S.B. No. 408




	AN ACT
	relating to inspection of and the operation of watercraft on the
	John Graves Scenic Riverway; providing for the imposition of a
	criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subsection (b), Section 26.555, Water Code, is
	amended to read as follows:
	(b) A [~~The~~] visual inspection from an aircraft flying over
	the John Graves Scenic Riverway [~~inspections and the drawing of~~
	~~water samples~~] must be conducted at least once in a winter month and
	at least once in a summer month. A [~~The~~] visual inspection and the
	drawing of water samples for testing [~~inspections~~] must be
	conducted [~~both~~] from the surface of the [~~John Graves Scenic~~
	~~Riverway and from an aircraft flying over the~~] riverway at least
	once in a spring month and at least once in a fall month.
	SECTION 2. Subchapter M, Chapter 26, Water Code, is amended
	by adding Section 26.563 to read as follows:
	Sec. 26.563. CERTAIN CRAFT PROHIBITED. (a) The commission
	by rule shall prohibit the commercial or recreational use of the
	following craft on the waters of the John Graves Scenic Riverway:
	(1) airboats, fanboats, and similar shallow draft
	watercraft that use an aircraft-type propeller for propulsion; and
	(2) hovercraft.
	(b) A rule adopted under this section must allow for the
	operation of craft described by Subsection (a) for:
	(1) a visual inspection conducted under Section
	26.555; or
	(2) law enforcement purposes.
	(c) A person who operates a hovercraft or watercraft in
	violation of a rule adopted under this section commits an offense.
	An offense under this section is a Class C misdemeanor. Any peace
	officer, including a law enforcement officer commissioned by the
	Parks and Wildlife Commission, may enforce this section.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 408 passed the Senate on
	March 15, 2011, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 26, 2011, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 408 passed the House, with
	amendment, on May 20, 2011, by the following vote: Yeas 148,
	Nays 1, one present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor