Rowdy San Marcos River tubers must clean up their acts

In this file photo, New Braunfels Police officers empty a glass container found on a tuber on Comal River by Prince Solms Park. In this file photo, New Braunfels Police officers empty a glass container found on a tuber on Comal River by Prince Solms Park. Photo: San Antonio Express-News Photo: San Antonio Express-News Image 1 of / 254 Caption Close Rowdy San Marcos River tubers must clean up their acts 1 / 254 Back to Gallery

Tubers on the San Marcos River will have help staying legal while afloat — no more beer bongs —thanks to a settlement approved this week to end a lawsuit against two Martindale-based tube rental firms.

The eight-page agreement approved by state District Judge Todd Blomerth requires Texas State Tubes and Don’s Fish Camp to provide on-site signs explaining what tubers can and can’t do on the river. Videos will be played for customers outlining prohibited behavior, including not playing music audible beyond 50 feet, urging the floaters to respect the rights of others, to stay in the water and keep moving.

Additionally, the firms agreed to supply tubers with reusable trash bags, “card” all customers, prohibit beer bongs and block anyone who appears intoxicated from entering the water.

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"We will have monitors along the way on kayaks to assist and remind you of the rules — they are authorized to check the content of your ice chests and are in communication with law enforcement," says an alert to tubers outlined in the settlement.

The defendants also agreed to provide a uniformed law officer at the take-in and take-out points on weekends and holidays, and to provide two more officers to protect the San Marcos River Retreat, a riverside campground owned by by Tom and Paula Goynes, who filed the lawsuit against the two firms.

The Goynes sued over what they said were recurring problems with trespassing, noise, littering and other unwelcome behavior by profane, drunk and unruly tubers.

No money changed hands under the settlement, said Tom Goynes, who also is president of the Texas Rivers Protection Association. He said he hopes it becomes a model for other tubing firms.

“This could be the start of something good, not only for this river but also for other rivers,” he said Tuesday. “We have to change that mindset and let people know that they have to behave themselves on public waters.”

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Complaints about tubers on the San Marcos have drawn scrutiny from Hays, Caldwell and Guadalupe county leaders and the Texas Parks and Wildlife Department. The state agency convened a task force that studied the issue and offered findings this month to lawmakers, but no specific recommendations.

The San Marcos River lawsuit settlement will expire in five years, or earlier if the state creates a state park along the river downstream from San Marcos or forms a recreation district there, two possibilities the task force examined.

“Safe, responsible activity on the river would be better for everybody,” Guadalulpe County Judge Kyle Kutscher said Tuesday of the settlement.

“We’re very, very happy with what the (tube rental companies) have done. They did an excellent job in working to settle this,” said Norm Thomas, the Goynes’ lawyer.

Mark Hawkins, the defendants’ lawyer, couldn’t be reached.

zeke@express-news.net