1-1 AN ACT
1-2 relating to the regulation of aircraft on water.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 3, Transportation Code, is amended by
1-5 adding Chapter 26 to read as follows:
1-6 CHAPTER 26. AQUATIC AIRCRAFT
1-7 Sec. 26.001. DEFINITIONS. In this chapter:
1-8 (1) "Aquatic aircraft" means a seaplane, floatplane,
1-9 or similar aircraft that is capable of taking off and landing on
1-10 water.
1-11 (2) "Department" means the Texas Department of
1-12 Transportation.
1-13 Sec. 26.002. APPLICATION. This chapter applies to all
1-14 navigable bodies of water of this state other than a navigable body
1-15 of water that the federal government owns, controls, or has
1-16 jurisdiction over.
1-17 Sec. 26.003. REGULATION PROHIBITED. (a) Except as provided
1-18 by Subsection (b), a governmental entity that owns, controls, or
1-19 has jurisdiction over a navigable body of water may not in an area
1-20 in which motorized boats are permitted:
1-21 (1) prohibit the takeoff, landing, or operation of an
1-22 aquatic aircraft; or
1-23 (2) regulate or require a permit or fee for the
1-24 operation of an aquatic aircraft.
2-1 (b) A governmental entity described by Subsection (a) may
2-2 apply to the department to prohibit or limit the operation of
2-3 aquatic aircraft on a navigable body of water. The department
2-4 shall approve the prohibition or limitation if the department
2-5 determines that safety concerns justify the prohibition or
2-6 limitation. The prohibition or limitation may apply to the entire
2-7 body of water or only to a specified area.
2-8 (c) In making a determination under Subsection (b), the
2-9 department shall consider:
2-10 (1) the topography of the body of water or specified
2-11 area;
2-12 (2) the depth of the water and any obstacles that are
2-13 under the water;
2-14 (3) the amount of boat or individual traffic on the
2-15 body of water or in the specified area;
2-16 (4) the interests of persons owning homes that are
2-17 located on or around the body of water; and
2-18 (5) any other factors that relate to the safe
2-19 operation of aquatic aircraft.
2-20 Sec. 26.004. RULES. The department shall adopt rules to
2-21 implement and administer this chapter, including rules specifying
2-22 how notice shall be given of a prohibition or limitation approved
2-23 under this chapter.
2-24 SECTION 2. This Act takes effect September 1, 1999.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1620 was passed by the House on May
5, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1620 on May 21, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1620 on May 28, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1620 was passed by the Senate, with
amendments, on May 19, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1620 on May 29, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor