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.