83R14517 SGA-F
 
  By: Guillen H.B. No. 1241
 
  Substitute the following for H.B. No. 1241:
 
  By:  Dukes C.S.H.B. No. 1241
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption of rules by the Parks and Wildlife
  Commission to protect the public water of this state from the spread
  of aquatic invasive species.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 66, Parks and Wildlife
  Code, is amended by adding Section 66.0073 to read as follows:
         Sec. 66.0073. RULES REQUIRING WATER TO BE DRAINED.  (a)  In
  this section:
               (1)  "Public water" has the meaning assigned by Section
  66.015.
               (2)  "Salt water" has the meaning assigned by Section
  66.001.
               (3)  "Vessel" has the meaning assigned by Section
  31.003.
         (b)  The commission may adopt rules requiring a person
  leaving or approaching public water to drain from a vessel or
  portable container on board the vessel any water that has been
  collected from or has come in contact with public water.  This
  subsection does not apply to salt water.
         (c)  When promulgating rules described by Subsection (b),
  the commission shall consider the effects on boaters, anglers, and
  local interests while maintaining the ability to prevent the spread
  of harmful or potentially harmful exotic fish, shellfish, and
  aquatic plants.
         (d)  If the commission adopts rules described by Subsection
  (b), an authorized employee of the department may inspect a vessel
  leaving or approaching public water, including any portable
  containers on board the vessel, for the presence of water. This
  subsection does not apply to a vessel that is on public water.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.