AUSTIN, Texas -- Beginning January 1, motor vehicles may not be operated in most Texas riverbeds, according to a new state law. However, new guidelines are available to help local communities develop river access plans that could allow motor vehicles in some riverbed areas, as provided by the legislation. The new law pertains to any "navigable river or stream" in Texas except for the Canadian River and the Prairie Dog Town Fork of the Red River in the Panhandle.

The law prohibits motor vehicles from operating in "that portion of the bed, bottom, or bank of any navigable river or stream that lies at or below the gradient boundary of the river or stream." It defines navigable river or stream as "a river or stream that retains an average width of 30 or more feet from the mouth or confluence up." A motor vehicle is defined as "any wheeled or tracked vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used to transport a person or thing."

The public continues to have the right to travel along navigable waterways as long as the restrictions on motor vehicle use are observed. The law says "a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area." It also contains various exemptions for motor vehicle use in riverbeds by emergency and law enforcement personnel, utility workers, adjacent landowners and others.

The law grew out of Senate Bill 155, sponsored in the Texas Senate by Sen. Judith Zaffrini of Laredo. Rep. Robert Puente of San Antonio sponsored a companion bill in the Texas House of Representatives. The law modified the state Parks and Wildlife Code, making Texas Parks and Wildlife Department (TPWD) the primary agency responsible for implementing it. Department game wardens, local sheriffs deputies and other peace officers will all enforce the law. This fall, game wardens will be notifying people they encounter on or near rivers that the new law is about to take effect. A first offense under the new law is a Class C misdemeanor, punishable by a fine of as much as $500. Repeat offenders could face higher fines and jail time.

The law provides that cities, counties or river authorities may create Local River Access Plans that allow motor vehicles in specified riverbed areas. These plans must be approved by TPWD. Local plan administrators may collect a fee for vehicle riverbed use. Local plans must protect public safety, provide adequate enforcement, coordinate with adjacent and overlapping jurisdictions, provide for and publicize adequate public access and protect private property rights.

The law also directs TPWD to "facilitate the development of motor vehicle recreation sites that are not located in or on a protected freshwater area." The department administers the National Recreational Trails Fund in Texas, awarding grants to build or maintain trails for hiking, biking and similar uses. This is funded by a portion of federal gasoline taxes on non-highway recreational vehicles. By law, a certain percentage of funds are supposed to be used for motor vehicle trails, but TPWD has historically received few grant applications to meet this need. The department is now actively seeking appropriate sites and grant proposals that provide alternatives for off-road vehicles away from rivers and other sensitive areas.

SB155 did not clarify or change the legal definition of a navigable river or stream. This has long been a source of confusion and controversy in Texas, with river recreationists and private property owners sometimes clashing about whether a particular area on or near a river is considered "navigable" according to the law. A key issue is where the "gradient boundary" at a river's edge actually lies.

TPWD has created a new set of Web pages covering topics related to SB155.

http://www.tpwd.state.tx.us/texaswater/rivers/mvindex.phtml

There are links here to the entire text of the law and to various committee and research reports that led to it. These pages also include local access plan guidelines and practical advice about navigable streams and river access.