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  80R4467 BEF-D
 
  By: Whitmire S.B. No. 880
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to providing a civil penalty for violations of the
Antiquities Code of Texas.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter F, Chapter 191, Natural Resources
Code, is amended by adding Section 191.1715 to read as follows:
       Sec. 191.1715.  CIVIL PENALTY. A person who violates this
chapter is subject to a civil penalty of not less than $50 nor more
than $1,000 for each day of violation.
       SECTION 2.  Section 191.172, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
       (a)  In addition to, and without limiting the other powers of
the attorney general, and without altering or waiving any criminal
penalty provided in this chapter, the attorney general may bring an
action in the name of the State of Texas in any court of competent
jurisdiction for restraining orders and injunctive relief to
restrain and enjoin violations or threatened violations of this
chapter, [and] for the return of items taken in violation of the
provisions of this chapter, to recover on behalf of the state a
civil penalty provided by this chapter, or for both a civil penalty
and other relief authorized by this subsection.
       (c)  In issuing a final order in the action, the court may
award costs of litigation, including reasonable attorney's and
expert witness's fees.
       SECTION 3.  This Act takes effect September 1, 2007.