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.