TRANSPORTATION CODE

CHAPTER 26. AQUATIC AIRCRAFT


	§ 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, § 1, eff. Sept. 1, 1999.           


	§ 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, § 1, eff. Sept. 1, 1999.           


	§ 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, § 1, eff. Sept. 1, 1999.           


	§ 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, § 1, eff. Sept. 1, 1999.