CHAPTER 26. AQUATIC AIRCRAFT
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.