CHAPTER 26. AQUATIC AIRCRAFT - Texas Statutes

TRANSPORTATION CODE

TITLE 3. AVIATION

CHAPTER 26. AQUATIC AIRCRAFT

Sec. 26.001. DEFINITIONS. In this chapter:

(1) "Aquatic aircraft" means a seaplane, floatplane, or similar

aircraft that is capable of taking off and landing on water.

(2) "Department" means the Texas Department of Transportation.

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1,

1999.

Sec. 26.002. APPLICATION. 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.

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1,

1999.

Sec. 26.003. REGULATION PROHIBITED. (a) Except as provided by

Subsection (b), a governmental entity that owns, controls, or has

jurisdiction over a navigable body of water may not in an area in

which motorized boats are permitted:

(1) prohibit the takeoff, landing, or operation of an aquatic

aircraft; or

(2) regulate or require a permit or fee for the operation of an

aquatic aircraft.

(b) A governmental entity described by Subsection (a) may apply

to the department to prohibit or limit the operation of aquatic

aircraft on a navigable body of water. The department shall

approve the prohibition or limitation if the department

determines that safety concerns justify the prohibition or

limitation. The prohibition or limitation may apply to the entire

body of water or only to a specified area.

(c) In making a determination under Subsection (b), the

department shall consider:

(1) the topography of the body of water or specified area;

(2) the depth of the water and any obstacles that are under the

water;

(3) the amount of boat or individual traffic on the body of

water or in the specified area;

(4) the interests of persons owning homes that are located on or

around the body of water; and

(5) any other factors that relate to the safe operation of

aquatic aircraft.

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1,

1999.

Sec. 26.004. RULES. The department shall 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.

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1,

1999.