Questions & Answers

Off-Road Legislation - SB155/HB305

Q. Isn't this legislation about restricting access to rivers by the property owners?

A. No. This is about protection of texas rivers and waterways from destructive behavior. It certainly isn't the intent of the authors to eliminate navigational access. The intent is to outlaw recreational off-road driving in the publicly owned streambeds of Texas. Every effort has been made to say this in as precise a manner as possible. We don't support driving below the gradient boundary of a streambed to access the river. Instead, users should park on the road right of way and carry canoes (or other gear) to and from the vehicles. Certainly, the bill makes it clear that existing public or private roads will not be affected and that future roads may certainly be approved through local access plans.

Q. Why are local river authorities given authority over a local section of the river? Won't they be able to negate this bill or restrict anyone from accessing the river?

A. Local authorities will not be able to restrict access to the rivers as this is protected by the Texas constitution. While the local authority may write code different from this, their legislation will be rviewed and approved by TPWD and must still meet the essential requirements of the bill. The intent of the "local access plans" according the author who requested this change, is to allow counties and river authorities the right (assuming they can get TP&WD approval) to permit drivers to drive within specific areas in the state owned streambed. It would allow for limited access in areas where there is local support. An example might be at a county park.

Q. Aren't floods as destructive as any river vehicle?

A. River floods are natural cleansing river events and out of our hands. Floods have happened for thousands and millions of years and the river is still there. Yes, floods will rearrange the river (just ask any landowner that tries to build a permanent structure by the river), but if we destroy the plants, trees and other vegetation that keeps the river banks healthy between flood events, then a flood will be more severe than with the healthy vegetation. Studies have demonstrated that vegetation reduces the erosive effects of flooding. Off-road vehicular usage in and along stream beds destroys that crucial vegetation.

Q. Doesn't motorized vehicles include boats for fisherman and the likes?

A. For the purposes of this bill, no. A boat is a motorized vehicle, but the language states motorized wheeled vehicles. A motorized boat doesn't destroy the river by using and navigating it.

Q. Does this bill deal with anything besides off-road vehicles?

A. Yes. Currently, there is an implied right to use private land to portage and scout around rapids. However, under Texas law, should a landowner not protect the rights to their land, then after 30-some-odd-years-or-so, that becomes a prescriptive easement and public property. The wording included in this bill will protect the landowners' rights to their lands while protecting the rights of river users to portage and scout.

Q. Isn't there a petition supporting the Off-Road Vehicle group's position that tries to establish this as an access issue?

A. The petition is bogus. It fooled many persons into signing it by making it look like it was in support of everyone's right to "use" the river.....