| |
| |
| |
|
|
AN ACT
|
|
|
relating to the protection and preservation of caves in the State of |
|
|
Texas; providing penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. PURPOSE. The purpose of this Act is to enhance |
|
|
the protection and preservation of irreplaceable formations in |
|
|
caves and to increase the deterrent effect of penalties for |
|
|
violations of Chapter 201, Natural Resources Code. |
|
|
SECTION 2. AMENDMENT. Sections 201.011, 201.014, and |
|
|
201.041, Natural Resources Code, are amended to read as follows: |
|
|
Sec. 201.011. PERMIT REQUIRED. No person may excavate, |
|
|
remove, destroy, injure, alter in any significant manner, or deface |
|
|
any part of a cave owned by the State of Texas, unless the person |
|
|
possesses a valid [he first obtains a] permit under Section 201.012 |
|
|
[of this code]. |
|
|
Sec. 201.014. PENALTIES. [(a)] A person who violates |
|
|
Section 201.011 [of this code] is guilty of a Class A [B] |
|
|
misdemeanor, unless the person has previously been convicted of |
|
|
violating Section 201.011, in which case the person is guilty of a |
|
|
state jail felony. |
|
|
[(b)
A person who violates Section 201.012 of this code is
|
|
|
guilty of a Class C misdemeanor and the permit shall be revoked.] |
|
|
Sec. 201.041. VANDALISM. (a) A person may not, without |
|
|
express, prior, written permission of the owner, [wilfully or] |
|
|
knowingly: |
|
|
(1) break, break off, crack, carve upon, write, burn, |
|
|
or otherwise mark upon, remove, or in any manner destroy, |
|
|
[disturb,] deface, mar, or harm the surfaces of any cave or any |
|
|
natural material in a cave, including speleothems; |
|
|
(2) deface, mar, or harm [disturb or alter] in any |
|
|
manner the natural condition of any cave; or |
|
|
(3) break, force, tamper with, or otherwise disturb a |
|
|
lock, gate, door, or other obstruction designed to control or |
|
|
prevent access to any cave, even though entrance to the cave may not |
|
|
be gained. |
|
|
(b) A person who violates a provision of this section is |
|
|
guilty of a state jail felony [Class A misdemeanor], unless the |
|
|
person [he] has previously been convicted of violating this |
|
|
section, in which case the person [he] is guilty of a felony of the |
|
|
third degree. |
|
|
SECTION 3. AMENDMENT. Subsection (b), Section 201.042, |
|
|
Natural Resources Code, is amended to read as follows: |
|
|
(b) A person who violates this section is guilty of a Class A |
|
|
[B] misdemeanor, unless the person has previously been convicted of |
|
|
violating this section, in which case the person is guilty of a |
|
|
state jail felony. |
|
|
SECTION 4. SAVING PROVISION. (a) The change in law made by |
|
|
this Act applies only to an offense committed on or after the |
|
|
effective date of this Act. For purposes of this section, an |
|
|
offense is committed before the effective date of this Act if any |
|
|
element of the offense occurs before that date. |
|
|
(b) An offense committed before the effective date of this |
|
|
Act is covered by the law in effect when the offense was committed, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 5. EFFECTIVE DATE. This Act takes effect September |
|
|
1, 2007. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1524 passed the Senate on |
|
|
May 4, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1524 passed the House on |
|
|
May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |