By: Hilderbran, et al. (Senate Sponsor - Wentworth) H.B. No. 3502

(In the Senate - Received from the House May 11, 2007; May 15, 2007, read first time and referred to Committee on Natural Resources; May 18, 2007, reported favorably by the following vote: Yeas 10, Nays 0; May 18, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the protection and preservation of caves; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 [he first obtains] a valid 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 that section, 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) 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 2. Section 201.042(b), 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 3. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. 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. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 4. This Act takes effect September 1, 2007.

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