For the purposes of this section, "vessel" has the meaning
assigned by Parks and Wildlife Code, §31.003, and "boat ramp"
means a boat ramp, launch area, or any other access point that can
be used to access public water, and includes parking areas, parking
overflow areas, and any other area in the immediate vicinity of the
ramp, launch, or access point where a vehicle, trailer, or vessel
may be parked while waiting to launch or retrieve a vessel.
(1) General Provisions. Except as provided in paragraph
(2) of this section, no person may use any public roadway other than
a boat ramp to transport a vessel to or from a public water body to
which the provisions of paragraph (3) of this section apply unless
all bilges, live wells, and other similar receptacles and systems
holding or capable of holding water on board the vessel as a result
of immersion in or transfer from the public water body have been drained.
(2) Exceptions.
(A) The provisions of paragraph (1) of this section
do not apply to:
(i) a person travelling on a public roadway via the
most direct route to another access point located on the same body
of water, provided the beginning and ending of the travel occur within
a single 24-hour period;
(ii) water contained in marine sanitary systems;
(iii) a person in possession of a receptacle containing
water and live bait purchased from a commercial bait dealer, provided:
(I) the person also possesses a dated receipt, bill
of sale, or other written evidence that identifies the name and commercial
location of the dealer; and
(II) the live bait, if it has come into contact with
public water to which the provisions of paragraph (3) of this section
apply, is used only on the water body from which the public water
was obtained;
(iv) government employees or persons under contract
to a governmental entity in the performance of official duties that
involve the use of a vessel in an emergency response to a threat to
human health or safety, or property; or
(v) a person who is a participant in a fishing tournament
(as defined by Parks and Wildlife Code, §66.023), provided:
(I) the tournament fishing activities are restricted
to a single public water body on any given day;
(II) the weigh-in site is not located on the body of
water on which the tournament is held;
(III) all water other than water in a live well has
been drained from the vessel as required by this section;
(IV) the live well is being transported by the most
direct route to an official weigh-in location designated by the tournament;
(V) the water in the live well is drained or properly
disposed of before the vessel leaves the weigh-in location; and
(VI) the person in possession of the water in the live
well also possesses documentation provided by a fishing tournament
representative that bears the participant's name, the date, water
body name, tournament name, location and time of the weigh-in, and
the name and phone number of a tournament representative.
(B) A government employee or persons under contract
to a governmental entity may remove water for purposes of testing
or analysis from a public water body to which the provisions of paragraph
(3) of this section apply; however, the water must be in closed, portable
container and all bilges, live wells, motors, and other similar receptacles
and systems holding or capable of holding water on board the vessel
as a result of immersion in or transfer from the public water body
must be drained.
(3) This section applies to all public fresh water
in Texas.
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| Source Note: The provisions of this §57.1001 adopted to be effective December 10, 2013, 38 TexReg 8912; amended to be effective March 23, 2014, 39 TexReg 1933; amended to be effective June 26, 2014, 39 TexReg 4768 |
