79R10334 KCR-D

By:  Luna                                                         H.B. No. 3553



A BILL TO BE ENTITLED

AN ACT

relating to the boundaries of and prohibited acts in the Nine-Mile 
Hole State Scientific Area; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Chapter 82, Parks and Wildlife 
Code, is amended to read as follows:

CHAPTER 82.  STATUTORY SANCTUARIES, SCIENTIFIC AREAS, AND 
PRESERVES
	SECTION 2.  Chapter 82, Parks and Wildlife Code, is amended 
by adding Subchapter P to read as follows:

SUBCHAPTER P. NINE-MILE HOLE STATE SCIENTIFIC AREA
	Sec. 82.781.  CREATION; BOUNDARIES.  (a)  The Nine-Mile Hole 
State Scientific Area, as described by Subsection (b), is a state 
scientific area established under Subchapter F, Chapter 81.
	(b)  The boundaries of Nine-Mile Hole State Scientific Area 
are:      
		(1)  N 27 10.451; W 097 25.82 (North boundary of 
Nine-Mile Hole);    
		(2)  N 27 04.587; W 097 25.28 (Padre Island National 
Seashore Boundary);
		(3)  N 27 06.109; W 097 25.21 (Padre Island National 
Seashore Boundary);
		(4)  N 27 08.835; W 097 26.29 (Roloff Channel 
Entrance);             
		(5)  N 27 06.109; W 097 26.49 (201 Channel Entrance); 
and            
		(6)  N 27 05.132; W 097 25.90 (Nine-Mile Hole Channel 
Entrance).     
	Sec. 82.782.  PROHIBITED ACTS.  (a)  Except as provided by 
Subsections (b) and (c), a person may not:
		(1)  operate an airboat, a jet-boat, or any 
propeller-driven vessel in the Nine-Mile Hole State Scientific 
Area; or
		(2)  move, remove, deface, alter, or destroy:                          
			(A)  an informational sign, including a depth 
marker, placed by the department in the Nine-Mile Hole State 
Scientific Area; or
			(B)  a boundary marker of the Nine-Mile Hole State 
Scientific Area. 
	(b)  A person in the Nine-Mile Hole State Scientific Area 
may:        
		(1)  operate a vessel propelled by an electric trolling 
motor;       
		(2)  operate an airboat, a jet-boat, or any 
propeller-driven vessel in lanes of entrance and exit marked by the 
department; or
		(3)  engage in an act prohibited by Subsection (a) if 
the act:       
			(A)  is necessary for law enforcement activities; 
or                
			(B)  complies with Section 81.504.                                    
	(c)  Subsection (a) does not apply to a person in an 
emergency threatening human health and safety that necessitates 
immediate entrance to or exit from the Nine-Mile Hole State 
Scientific Area.
	Sec. 82.783.  PENALTY.  A person who violates Section 82.782 
commits an offense that is a Class C Parks and Wildlife Code 
misdemeanor, except that a person who violates Section 82.782 and 
has previously been convicted of violating that section commits an 
offense that is a Class B Parks and Wildlife Code misdemeanor.
	Sec. 82.784.  GIFTS, GRANTS, DONATIONS, AND OTHER 
ASSISTANCE.  The department may apply for, request, solicit, 
contract for, and accept gifts, grants, donations, or other 
assistance from any source to implement and enforce this 
subchapter.
	SECTION 3.  This Act takes effect July 1, 2005, if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for effect on that 
date, this Act takes effect September 1, 2005.