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A BILL TO BE ENTITLED
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AN ACT
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relating to the uprooting of seagrass plants; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 66, Parks and Wildlife |
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Code, is amended by adding Section 66.024 to read as follows: |
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Sec. 66.024. SEAGRASS PLANTS. (a) In this section, |
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"seagrass plant" means a flowering marine plant of the species: |
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(1) Cymodocea filiformis, known as manatee grass; |
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(2) Halodule beaudettei, known as shoal grass; |
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(3) Halophila engelmannii, known as star grass or |
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Engelmann's seagrass; |
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(4) Ruppia maritima, known as widgeon grass; or |
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(5) Thalassia testudinum, known as turtle grass. |
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(b) A person may not uproot or dig out any rooted seagrass |
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plant from a bay bottom or other saltwater bottom area in the |
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jurisdiction of this state by means of a propeller, except as that |
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uprooting or digging out may be authorized by: |
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(1) a coastal lease granted by the General Land |
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Office; or |
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(2) a commercial license or permit issued by the |
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department. |
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(c) It is a defense to prosecution under this section that a |
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person: |
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(1) anchors a vessel within an area containing |
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seagrass plants and uproots a seagrass plant; |
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(2) uses an electric trolling motor within an area |
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containing seagrass plants and uproots a seagrass plant; or |
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(3) operates a vessel in a manner consistent with the |
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acceleration required to reach and stay on plane. |
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(d) A person who violates this section or a proclamation of |
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the commission under this section commits an offense that is a Class |
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C Parks and Wildlife Code misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2013. |