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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection and preservation of caves in the State of |
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Texas; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. PURPOSE. The purpose of this Act is to enhance |
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the protection and preservation of irreplaceable formations in |
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caves and to increase the deterrent effect of penalties for |
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violations of Chapter 201, Natural Resources Code. |
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SECTION 2. AMENDMENT. Sections 201.011, 201.014, and |
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201.041, Natural Resources Code, are amended to read as follows: |
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Sec. 201.011. PERMIT REQUIRED. No person may excavate, |
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remove, destroy, injure, alter in any significant manner, or deface |
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any part of a cave owned by the State of Texas, unless the person |
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possesses a valid [he first obtains a] permit under Section 201.012 |
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[of this code]. |
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Sec. 201.014. PENALTIES. [(a)] A person who violates |
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Section 201.011 [of this code] is guilty of a Class A [B] |
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misdemeanor, unless the person has previously been convicted of |
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violating Section 201.011, in which case the person is guilty of a |
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state jail felony. |
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[(b) A person who violates Section 201.012 of this code is
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guilty of a Class C misdemeanor and the permit shall be revoked.] |
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Sec. 201.041. VANDALISM. (a) A person may not, without |
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express, prior, written permission of the owner, [willfully or] |
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knowingly: |
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(1) break, break off, crack, carve upon, write, burn, |
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or otherwise mark upon, remove, or in any manner destroy, disturb, |
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deface, mar, or harm the surfaces of any cave or any natural |
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material in a cave, including speleothems; |
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(2) disturb or alter in any manner the natural |
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condition of any cave; or |
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(3) break, force, tamper with, or otherwise disturb a |
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lock, gate, door, or other obstruction designed to control or |
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prevent access to any cave, even though entrance to the cave may not |
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be gained. |
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(b) A person who violates a provision of this section is |
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guilty of a state jail felony [Class A misdemeanor], unless the |
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person [he] has previously been convicted of violating this |
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section, in which case the person [he] is guilty of a felony of the |
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third degree. |
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SECTION 3. AMENDMENT. Subsection (b), Section 201.042, |
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Natural Resources Code, is amended to read as follows: |
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(b) A person who violates this section is guilty of a Class A |
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[B] misdemeanor, unless the person has previously been convicted of |
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violating this section, in which case the person is guilty of a |
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state jail felony. |
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SECTION 4. SAVING PROVISION. (a) The change in law made by |
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this Act applies only to an offense committed on or after the |
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effective date of this Act. For purposes of this section, an |
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offense is committed before the effective date of this Act if any |
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element of the offense occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect September |
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1, 2007. |