CHAPTER 90. ACCESS TO PROTECTED FRESHWATER AREAS

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-90-access-to-protected-freshwater-areas

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

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 a person or thing.

(3) "Navigable river or stream" means a river or stream that

retains an average width of 30 or more feet from the mouth or

confluence up.

(4) "Protected freshwater area" means that portion of the bed,

bottom, or bank of any navigable river or stream that lies at or

below the gradient boundary of the river or stream. The term does

not include that portion of a bed, bottom, or bank that lies

below tidewater limits.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.002. OPERATION OF MOTOR VEHICLE IN PROTECTED FRESHWATER

AREA PROHIBITED. Except as provided by Section 90.003 or 90.004,

a person may not operate a motor vehicle in or on a protected

freshwater area on or after January 1, 2004.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

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 on or before December

31, 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) a person if operation of a motor vehicle is necessary for

reasonable purposes related to usual and customary agricultural

activities;

is authorized by a mineral lease;

(D) a person if operation of a motor vehicle is necessary to and

authorized by a crossing easement granted by the General Land

Office under the Natural Resources Code;

(E) a person if operation of a motor vehicle is necessary to an

activity authorized by Chapter 86;

(F) a person in response to an emergency;

(G) a person if operation of a motor vehicle is necessary for

the lawful construction, operation, or maintenance of equipment,

facilities, or structures used for:

(i) the production, transportation, transmission, or

distribution of electric power;

(ii) the provision of telecommunications services or other

services delivered through a cable system;

(iii) the transportation of aggregates, oil, natural gas, coal,

or any product of oil, natural gas, or coal;

(iv) the production, treatment, or transportation of water or

wastewater; or

(v) dredge material disposal placement;

(H) an owner of the uplands adjacent to a protected freshwater

area, the owner's agent, lessee, sublessee, or the lessee or

sublessee's agent, representative, licensee, invitee, or guest

for reasonable purposes related to usual and customary operation

of:

(i) a camp regulated under Chapter 141, Health and Safety Code;

(ii) a retreat facility owned and operated by a nonprofit

corporation chartered under the laws of this state before January

1, 1970; or

(I) an owner of the adjacent uplands on both sides of a

protected freshwater area and the owner's agents, employees,

representatives, and lessees only for the purpose of accessing

the owner's property on the opposite side of the protected

freshwater area when no reasonable alternate access is available.

(b) This chapter does not apply to any river with headwaters in

a state other than Texas and a mouth or confluence in a state

other than Texas.

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 within 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.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.004. LOCAL RIVER ACCESS PLAN. (a) A county,

municipality, or river authority may adopt a written local plan

to provide access to a protected freshwater area located within

the county's geographical boundaries or the river authority's or

municipality's jurisdiction.

(b) A local plan adopted under Subsection (a) may:

(1) notwithstanding Section 90.002, allow limited motor vehicle

use in a protected freshwater area;

(2) provide for the county, municipality, or river authority to

collect a fee from a person accessing a protected freshwater

area, the amount of which may not exceed the estimated cost that

the county, municipality, or river authority incurs by allowing

the limited use of motorized vehicles in protected freshwater

areas within its jurisdiction; or

(3) establish other measures consistent with the policy and

purposes of this chapter.

effect, a county, municipality, or river authority must file the

plan with the department. A local plan does not take effect until

the plan is approved in writing by the department.

(d) The department may approve, disapprove, or modify a local

plan filed under Subsection (c). In determining whether to

approve, disapprove, or modify a local plan, the department shall

consider whether the plan:

(1) protects fish, wildlife, water quality, and other natural

resources;

(2) protects public safety;

(3) provides for adequate enforcement;

(4) coordinates with adjacent and overlapping jurisdictions;

(5) provides for and publicizes adequate public access to a

protected freshwater area;

(6) provides for adequate public services relating to access to

a protected freshwater area; and

(7) protects private property rights.

(e) The department by rule may adopt additional criteria or

procedures to govern approval of local plans. Lack of rules

adopted under this section alone is not a sufficient basis for

rejecting a local plan.

(f) The department may conduct periodic reviews of a local plan

filed under Subsection (c) to monitor the effectiveness of the

plan.

(g) A person who has reason to believe that a local plan filed

under Subsection (c) does not comply with this section may file a

petition for revocation of the plan with the department.

(h) The department shall revoke approval of a local plan if the

department finds, as a result of a periodic review conducted

under Subsection (f) or a petition for revocation filed under

Subsection (g), that the plan as implemented fails to meet any of

the criteria for approval established by Subsection (d).

(i) The department may adopt rules necessary to implement this

section and Section 90.002, including rules relating to locations

from which a person may launch or retrieve a vessel by trailer

from the banks of a protected freshwater area. For purposes of

this subsection, "vessel" has the meaning assigned by Section

12.101.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.005. ASSISTANCE FROM DEPARTMENT. (a) The department

shall assist a requesting county, municipality, or river

authority in developing a local plan.

(b) A county, municipality, or river authority implementing a

local plan shall remit to the department 20 percent of the

county's, municipality's, or river authority's gross receipts

from fees charged under Section 90.004(b)(2) to offset the

department's administrative costs associated with implementing

this chapter.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.006. STUDIES. The department may conduct studies

necessary to implement this chapter.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.007. 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.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.008. PUBLIC ACCESS. (a) Except as otherwise allowed by

law, a person may not restrict, obstruct, interfere 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.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.009. MOTOR VEHICLE RECREATION SITES. (a) The

department shall establish a program to identify and to

facilitate the development of motor vehicle recreation sites that

are not located in or on a protected freshwater area. The

department shall seek the cooperation of political subdivisions,

landowners, nonprofit groups, and other interested persons in

identifying and facilitating the development of motor vehicle

recreation sites under this subsection.

(b) The department shall seek and use funding from the federal

government and other sources outside the general revenue fund to

identify and facilitate the development of motor vehicle

recreation sites under Subsection (a).

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.010. ENFORCEMENT. All peace officers of this state

shall enforce the provisions of this chapter.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

Sec. 90.011. PENALTY. (a) A person commits an offense if the

person violates Section 90.002 or 90.008.

(b) Except as provided by Subsection (c), an offense under

Subsection (a) is a Class C misdemeanor.

that the defendant was previously convicted two or more times

under Section 90.002 or 90.008, on conviction the defendant shall

be punished for a Class B misdemeanor.

(d) Each violation under this section is a separate offense.

(e) Notwithstanding Section 12.403 of this code, Subchapter B,

Chapter 12, Penal Code, applies to punishments under this

section.

Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1,

2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!