Senate Bill Proposes Change Of Ownership Of San Marcos River

By, Terra Rivers, Managing Editor

Forty-one senate bills we pre-filed Monday for the 2017 Legislative session, one of which will transfer ownership of the San Marcos River bed and banks to the City of San Marcos.

The “Bed and Banks” Bill, or Senate Bill 71, proposes the state transfer property rights of all banks and stretch of river bed within the city limits to the city. A change in ownership will give the City of San Marcos more control in protecting, preserving and maintaining the river and its resources.

The bill isn’t the first of its kind; in 2015, Texas Senator Judith Zafferini D-Laredo proposed a similar bill. The 2015 bill went to the Texas senate for a vote but did not get passed by the Texas Legislature.

The San Marcos River is part of the Edward’s Aquifer, a 160-mile groundwater that stretches from the edge of Travis County to Edward’s county in San Antonio. It home to seven endangered species and one threatened species.

The purpose of SB 71 is to strengthen the city’s efforts to preserve and protect the river. As state-owned land, the city currently cannot enforce restrictions and protective measures on things like the Texas Wild Rice.

While under the state’s ownership, only state officials have the jurisdiction to enforce the laws protecting the river and the creatures that inhabit it. With a change of ownership, the city will be able to make repairs on the river banks and ticket individuals caught removing Texas Wild Rice from the rivers.

The bill states that if the city fails to maintain, protect, beautify and/or improve the river or sells the property, ownership will immediately be restored to the state. It also proposes that the city of San Marcos will reimburse the General Land Office for all expenses related to the transfer of ownership.

The 85^th Texas Legislature convenes on Jan. 10. If the bill passes with a two-thirds vote, the law will take effect immediately. If it passes without a two-thirds vote, SB 71 will take effect on Sept. 1.