Senator Judith Zaffirini (D-Laredo) introduced SB 234. The bill would allow for a Water Oriented Recreation District (W.O.R.D) to be established if voted for by members of the affected counties.
The W.O.R.D. would be run by an independent agency. Officials would hire law enforcement officers to patrol the area and establish safety and sanitation measures. The recreation district board would be responsible for overseeing the safety and cleanliness of the river.
Funds for the W.O.R.D would be provided through a tax placed on tubing outfitters. The outfitters would be required to sell wristbands for $1-$3 to people renting tubes or using shuttles.
The bill affects the San Marcos River downstream of Westerfield Crossing, which runs mainly through Martindale.
Dianne Wassenich, San Marcos River program director, said she supports SB 234.
“People are dying,” Wassenich said. “People are getting raped. There are no restrooms, no phone booths and no officers to enforce existing laws.”
The bill would cost tubers about $400,000, said Richard Lawrence, co-owner of Texas State Tubes.
Lawrence opposes the bill. He signed a Memorandum of Understanding (MOU) with Don’s Fish Camp. The MOU is an agreement between the two organizations stating the owners will establish security measures similar to those outlined in SB 234.
Lawrence said the two organizations will be able to provide the same amount of security and river cleanup for $120,000. The difference in price comes from not having a separate office space and not paying an independent party to run it.
Texas State Tubes and Don’s Fish Camp have secured contracts with Pristine Rivers, an independent company that would oversee the cleanliness of the water and local law enforcement.
The tax from SB 234 would increase some of Lawrence’s prices by 30 percent, he said.
“It’s way too much money,” Lawrence said.
Wassenich is concerned about the tube outfitters’ ability to manage the river. She said a conflict of interest would arise since increased law enforcement is likely to affect their businesses.
“It is well known that there is no law enforcement in this area,” Wassenich said. “There is an unbelievable amount of underage drinking on the river.”
Tubing outfitters made the same argument two years ago when the bill was first introduced. Wassenich said there has been no improvement.
“Since (Texas State Tubes has) been open, the river is as clean as it has ever been,” Lawrence said.
Wassenich said the companies fail to provide accurate trash receptacles and restrooms for their clients.
“There are so many ways that they have failed their customers,” Wassenich said. “If I was (a customer) and I tubed once, I would never go back. It’s not a safe situation.”
Wassenich said the tubing outfitters often put people on the river at around 4 p.m. or 5 p.m. when there is no current. The tubers can get stranded on the river after the sun goes down. They ask riverside landowners for help.
“They are often covered in blood,” Wassenich said. “They scare the landowners.”
Wassenich said the landowners help the tubers because they feel sorry for them.
“I can’t tell you the number of passed-out people who have been found by landowners,” Wassenich said. “It happens over and over.”
Wassenich said she often learns of rapes and drownings that happen on the river through people who were there. Because of medical privacy rights, she has had a hard time cataloging how many such incidents happen on the river.
“Rapes happen on the river all the time,” Wassenich said.
Lawrence said he will put off-duty officers on the river.
“We are just as concerned about safety,” Lawrence said. “I don’t know any other company that is willing to do what we are doing.”
New Braunfels officials have established a recreation district similar to one proposed by SB 234.
Wassenich believes the recreation district has made New Braunfels safer. She said police riots and knifings occurred before the district was established.
James Zuniga, psychology freshman, said he often goes tubing in New Braunfels. He does not like the fact tubes are more expensive to rent than in San Marcos, but the river is cleaner
Zuniga hopes San Marcos tubing outfitters do not raise their prices.
Darcy Sprague is a staff reporter for the University Star where this story originally published, and is reprinted here through a news partnership between the University Star and Corridor News.