HBA-MPA, ALS H.B. 1620 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1620
By: Wohlgemuth
Transportation
6/30/1999
Enrolled




BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, there was no statutory provision authorizing
or prohibiting the operation of a seaplane on lakes and rivers.  As a
result, the establishment of permitting fees, waterway access, and waterway
use rules has been left to local government.  Some municipalities and water
districts have enacted rules for seaplane operations which conflict with
other municipalities' rules, making it difficult for seaplane operators to
determine which regulations apply to each location.    

H.B. 1620 prohibits a governmental entity from regulating or prohibiting
the operation of an aquatic aircraft in an area in which motorized boats
are allowed to operate, unless approved by the Texas Department of
Transportation (department). This bill requires the department to approve
such a regulation if it is justified by safety concerns, taking into
account the factors relating to the safe operation of aquatic aircraft on
that body of water, including the interests of those who own homes near the
body of water. Additionally, this bill delegates rulemaking authority to
the department for the implementation  and administration of this chapter.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Transportation
in SECTION 1 (Section 26.004, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS
  
SECTION 1.  Amends Title 3, Transportation Code, by adding Chapter 26, as
follows: 

CHAPTER 26.  AQUATIC AIRCRAFT

Sec. 26.001.  DEFINITIONS.  Defines "aquatic aircraft" and "department."  

Sec. 26.002.  APPLICATION.  Provides that this chapter applies to all
navigable bodies of water of this state other than a navigable body of
water that the federal government owns, controls, or has jurisdiction over. 

Sec. 26.003.  REGULATION PROHIBITED.  (a) Prohibits a governmental entity
that owns, controls, or has jurisdiction over a navigable body of water in
which motorized boats are permitted (governmental entity) from prohibiting
the takeoff, landing, or operation of an aquatic aircraft; or regulating or
requiring a permit or fee for the operation of an aquatic aircraft, except
as provided by Subsection (b).  

(b)  Authorizes a governmental entity to apply to the Texas Department of
Transportation (department) to prohibit or limit the operation of aquatic
aircraft on a navigable body of water.  Requires the department to approve
the prohibition or limitation if it determines the prohibition is justified
by the safety concerns.  Authorizes the prohibition or limitation to apply
to the entire body of water or only to a specified area.  

 (c) Requires the department, in making a determination under Subsection
(b), to consider the topography of the body of water or specified area; the
depth of the water and any obstacles that are under the water; the amount
of boat or individual traffic on the body of water or in the specified
area; the interests of persons owning homes located on or around the body
of water; and any other factors that relate to the safe operation of
aquatic aircraft.  

Sec. 26.004.  RULES.  Requires the department to adopt rules to implement
and administer this chapter, including rules specifying how notice shall be
given of a prohibition or limitation approved under this chapter.  

SECTION 2.Effective date: September 1, 1999. 

SECTION 3.Emergency clause.