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Well it looks as if it passed, I don't normally post here but I thought you guy's would like to know this:
By: Puente H.B. No. 206


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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:flipoff:

WHAT THE FUCK. What is the "landowner rights" shit, it's our fucking land, it's called PUBLIC for a reason. Why make the water off limit to boats too?

If this passes, there goes almost ALL of good, free, Texas wheeling.
 

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This has been coming for years now.

The landowning lobby simply has far more resources (i.e. money) than we do. And of course, throwing in the environmental slant (pure crap) didn't help our cause at all.

As Max said, wheel it while you can. And if you see some landowners, flip 'em the bird.
 

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It doesnt say what a protected fresh water area is.. There should be a map or a reference to what a protected fresh water area is..

You should call your state rep and oppose this since Texas has a very strong private property rights history...Public water rights may be the main reason for this legislation.......
Call and Bitch
 

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Who do I call? This law would also prohibit boat trailers in the water wouldn't it? And it doesn't have a provision for construction equipment in the water for building a bridge does it?
 

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I don't see this lasting too long for the reason that you cant even put a boat on the lake or even get near it. This is not going to last long at all. I'm pissed and as soon as more people here about this, more people will be pissed.:mad: :mad: :mad:
 

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K-Rigg said:
I don't see this lasting too long for the reason that you cant even put a boat on the lake or even get near it. This is not going to last long at all. I'm pissed and as soon as more people here about this, more people will be pissed.:mad: :mad: :mad:
Wrong read it again section A and D could provide for boat launching.)

Don't expect legislation to just roll over and go away...


Look in your phone book under state rep call their office and BITCH
 

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Section A is only for federal, state or local gov. employee and Section D deals with Ch. 86 which has to do with removing shellstone and materials like that from a river bed. Still no provision for trailers i don't think, but i could be wrong. I plan on writing several emails tonight to the legislatures and maybe try to call them tomorrow.
 

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You ever notice when Four Wheeler takes pics of some truck crossing a river, and in the next issue someone complains about that truck crossing the river?
 

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Texas Bills... as of 3/5/[email protected]:51


HB206 H Referred to Natural Resources 02/06/2003

HB305 H Referred to State Cultural & Recreational Res 02/06/2003

SB155 S Co-author authorized 02/03/2003 148
SB155 S Referred to Natural Resources 01/30/2003 140


As you can see, none of these bills have passed yet. All three are still in committee.


People... get your reps written to!
 

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I wrote in too and technically I am not resident since I am going to school. Our main local trail is a riverbed!!!
 

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Chister said:
Texas Bills... as of 3/5/[email protected]:51


HB206 H Referred to Natural Resources 02/06/2003

HB305 H Referred to State Cultural & Recreational Res 02/06/2003

SB155 S Co-author authorized 02/03/2003 148
SB155 S Referred to Natural Resources 01/30/2003 140


As you can see, none of these bills have passed yet. All three are still in committee.


People... get your reps written to!
Good job CHister. Where'd you find the info?
 

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Another House Bill,

-------------------------------------------------------------------------------

There is the addition of a new bill (HB1577) banning glass containers in
state owned riverbeds by Representative Pete Gallego that we hope
everyone will support:

78R4754 JTS-D
By: Gallego
H.B. No. 1577

A BILL TO BE ENTITLED AN ACT relating to the prohibition of glass[0]
containers within the boundaries of a state-owned riverbed; providing
criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.
Subchapter C, Chapter 365, Health and Safety Code, is amended by adding
Section 365.035 to read as follows:
Sec. 365.035. PROHIBITION ON GLASS[0] CONTAINERS WITHIN BOUNDARY OF
STATE-OWNED RIVERBED; PENALTIES.
(a) A person commits an offense if the person possesses a glass
container within the boundaries of a state-owned riverbed. An offense
under this section is a Class C misdemeanor unless it is shown on the
trial of the defendant that the defendant has previously been convicted
of an offense under this section, in which case the offense is a Class B
misdemeanor.

(b) It is a defense to prosecution under Subsection (a) that the person
who possessed the glass container:
(1) did not transport the glass container into the boundaries of the
riverbed; and
(2) possessed the glass container only for the purpose of lawfully
disposing of the glass container in a designated waste
receptacle.

SECTION 2. This Act takes effect September 1, 2003.
 

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The_Joker said:
Another House Bill,

-------------------------------------------------------------------------------

There is the addition of a new bill (HB1577) banning glass containers in
state owned riverbeds by Representative Pete Gallego that we hope
everyone will support:

78R4754 JTS-D
By: Gallego
H.B. No. 1577

A BILL TO BE ENTITLED AN ACT relating to the prohibition of glass[0]
containers within the boundaries of a state-owned riverbed; providing
criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.
Subchapter C, Chapter 365, Health and Safety Code, is amended by adding
Section 365.035 to read as follows:
Sec. 365.035. PROHIBITION ON GLASS[0] CONTAINERS WITHIN BOUNDARY OF
STATE-OWNED RIVERBED; PENALTIES.
(a) A person commits an offense if the person possesses a glass
container within the boundaries of a state-owned riverbed. An offense
under this section is a Class C misdemeanor unless it is shown on the
trial of the defendant that the defendant has previously been convicted
of an offense under this section, in which case the offense is a Class B
misdemeanor.

(b) It is a defense to prosecution under Subsection (a) that the person
who possessed the glass container:
(1) did not transport the glass container into the boundaries of the
riverbed; and
(2) possessed the glass container only for the purpose of lawfully
disposing of the glass container in a designated waste
receptacle.

SECTION 2. This Act takes effect September 1, 2003.
I see no problem with this bill. Would rather see this one pas and the others be dropped personally.
 
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