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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3502

80R11053 EJI-F                                                                           By: Hilderbran et al. (Wentworth)

                                                                                                                               Natural Resources

                                                                                                                                            5/18/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, a person who alters or excavates a cave without a permit is subjected to a Class B misdemeanor charge.  If the person vandalizes the cave, the punishment for that person is a Class A misdemeanor.

 

 H.B. 3502 would strengthen the penalty for defacing or in any way vandalizing caves in Texas.  The bill would make a violation where any part of the cave was excavated, removed, destroyed, injured, or altered without a proper permit a Class A misdemeanor.  Additionally, the bill provides that a person who has been convicted of a previous violation of destroying or altering a cave is guilty of a state jail felony. 

 

For knowingly vandalizing a cave by breaking, cracking, carving upon, or harming the surface, under the bill's provisions a violator would face a state jail felony charge.  The bill also provides, if a person previously violated the law, that person would face a third degree felony charge. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 201.011, 201.014, and 201.041, Natural Resources Code, as follows:

 

Sec. 201.011.  PERMIT REQUIRED.  Authorizes no person to 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 permit under Section 201.012 (Issuance of Permit), rather than unless he first obtains a valid permit under Section 201.012.

 

Sec. 201.014.  PENALTIES.  Provides that a person who violates Section 201.011 is guilty of a Class A misdemeanor, rather than a person who violates Section 201.011 of this code is guilty of a Class B misdemeanor, unless the person has previously been convicted of violating that section, in which case the person is guilty of a state jail felony.  Deletes Subsection (b) relating to a person who violates Section 201.012 and the penalty for such violation. 

 

Sec. 201.041.  VANDALISM. (a) Prohibits a person, without express, prior, written permission of the owner, from knowingly, rather than wilfully or knowingly, causing certain damage to certain types of caves. 

 

(b)  Provides that a person who violates a provision of this section is guilty of a state jail felony, rather than Class A misdemeanor, unless the person has previously been convicted of violating this section, in which case the person is guilty of a felony of the third degree.  Makes nonsubstantive changes.   

 

SECTION 2.  Amends Section 201.042(b), Natural Resources Code, to provide that a person who violates this section is guilty of a Class A, rather than Class 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 3.  Makes application of this Act prospective. 

 

SECTION 4.  Effective date: September 1, 2007.