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A BILL TO BE ENTITLED
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AN ACT
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relating to the artificial reef program; creating offenses and |
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providing criminal and civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 89.001, Parks and Wildlife Code, is |
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amended by adding Subdivision (2-a) to read as follows: |
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(2-a) "Permit" means a permit issued by the United |
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States secretary of the army to the department, or person other than |
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the department as provided by Section 89.004, for siting, |
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constructing, monitoring, maintaining, and managing an artificial |
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reef in accordance with the criteria and standards established |
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under the National Fishing Enhancement Act. |
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SECTION 2. Section 89.002(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) In carrying out the duties under Subsection (a) [of this
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section], the department shall: |
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(1) plan and review permit applications for artificial |
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reefs; |
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(2) coordinate with relevant state and federal |
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agencies; |
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(3) hold public hearings on proposed artificial reefs; |
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(4) oversee maintenance and placement requirements of |
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artificial reefs; and |
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(5) develop rules and guidelines for [, in conjunction
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with the advisory committee, in] the collection of fees, grants, |
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and donations to the artificial reef account. |
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SECTION 3. Section 89.006, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 89.006. REEF CONSTRUCTION BY OTHERS. (a) The |
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department may authorize a person to place a donation of reef |
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materials in a permitted zone in accordance with this chapter and |
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commission rules and guidelines. |
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(b) The commission by rule may establish and provide for the |
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collection of a fee to cover costs associated with issuing an |
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authorization under Subsection (a). |
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SECTION 4. Section 89.041(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) The account is composed of: |
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(1) all funds received under Sections 89.006, |
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[Section] 89.043, 89.044, and 89.083 [of this code], including |
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interest and earnings; |
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(2) revenue collected under Section 11.027(c) that is |
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associated with artificial reefs; and |
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(3) money from any other source provided by law. |
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SECTION 5. Section 89.042, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 89.042. USE OF ARTIFICIAL REEF ACCOUNT [DEDICATION]. |
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Money in the artificial reef account may be used only for carrying |
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out the purposes of this chapter [The funds received under Section
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89.043 of this code are dedicated to the department for the purpose
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of carrying out this chapter, including siting, designing,
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constructing, monitoring, and otherwise managing an artificial
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reef or artificial reef system]. |
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SECTION 6. Subchapter C, Chapter 89, Parks and Wildlife |
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Code, is amended by adding Section 89.044 to read as follows: |
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Sec. 89.044. CONCESSIONS. The department may operate or |
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grant contracts to operate concessions in connection with the |
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artificial reef program under this chapter. |
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SECTION 7. Chapter 89, Parks and Wildlife Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. ENFORCEMENT PROVISIONS |
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Sec. 89.081. PENALTY. A person who violates this chapter, a |
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rule adopted under this chapter, or an authorization issued under |
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Section 89.006 commits an offense that is a Class C Parks and |
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Wildlife misdemeanor. |
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Sec. 89.082. CIVIL PENALTY. A person who violates this |
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chapter, a rule adopted under this chapter, or an authorization |
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issued under Section 89.006 is subject to a civil penalty of not |
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less than $100 or more than $10,000 for each act of violation and |
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for each day of violation, to be recovered as provided by this |
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subchapter. |
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Sec. 89.083. ENFORCEMENT. (a) If a person has violated, |
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is violating, or is threatening to violate this chapter, a rule |
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adopted under this chapter, or an authorization issued under |
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Section 89.006, the director may bring suit: |
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(1) to restrain the person from continuing the |
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violation or threat of violation; |
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(2) to recover the civil penalty under Section 89.082; |
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(3) to recover the amount spent to remediate the |
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damage caused by the violation; or |
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(4) for any appropriate combination of the remedies |
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described by this subsection. |
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(b) On application for injunctive relief and a finding that |
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a person is violating or threatening to violate a provision of this |
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chapter, a rule adopted under this chapter, or an authorization |
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issued under Section 89.006, a court shall grant the injunctive |
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relief the facts may warrant, without requirement for bond. |
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(c) At the request of the director, the attorney general or |
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the county attorney of the county in which the violation or threat |
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of violation occurred shall bring suit for injunctive relief, to |
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recover a civil penalty, to recover the amount spent to remediate |
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the damage caused by the violation, or for any appropriate |
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combination of those remedies. |
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(d) Except as provided by Subsection (e), amounts recovered |
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under this section shall be credited to the artificial reef |
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account. |
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(e) The actual cost of investigation, reasonable attorney's |
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fees, and reasonable expert witness fees may be recovered, and |
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those recovered amounts shall be credited to the same operating |
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funds from which expenditures occurred. |
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Sec. 89.084. MORE THAN ONE DEFENDANT. If more than one |
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defendant is named in an action under this chapter, each defendant |
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against whom judgment is rendered is jointly and severally liable |
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for recovery provided by this chapter. |
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Sec. 89.085. CIVIL SUIT AND CRIMINAL PROSECUTION |
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PERMISSIBLE. The pendency or determination of a civil action |
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brought under this chapter or a criminal prosecution for the same |
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violation does not bar the other action. |
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SECTION 8. Section 89.041(c), Parks and Wildlife Code, is |
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repealed. |
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SECTION 9. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before the effective 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 10. This Act takes effect September 1, 2009. |