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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of aquatic vegetation management by the |
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Parks and Wildlife Department; providing a civil penalty; creating |
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a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 11, Parks and Wildlife |
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Code, is amended by adding Sections 11.087, 11.088, 11.089, and |
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11.090 to read as follows: |
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Sec. 11.087. REGULATION OF AQUATIC VEGETATION MANAGEMENT. |
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A person may not undertake any measure to control aquatic |
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vegetation in a public body of surface water except in accordance |
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with: |
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(1) generally accepted principles of integrated pest |
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management; |
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(2) the state aquatic vegetation management plan |
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adopted under Section 11.082; |
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(3) any applicable local aquatic vegetation |
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management plan adopted under Section 11.083; and |
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(4) any rule adopted under this subchapter. |
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Sec. 11.088. CIVIL ENFORCEMENT. (a) A person who violates |
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this subchapter or a rule, permit, or order issued or adopted under |
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this subchapter is subject to a civil penalty of not less than $100 |
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or more than $10,000 for each act of violation and each day of |
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violation. |
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(b) If a person has violated, is violating, or is |
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threatening to violate this subchapter or a rule, permit, or order |
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issued or adopted under this subchapter, the director may bring an |
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action: |
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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 a civil penalty under Subsection (a); |
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or |
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(3) for both injunctive relief and the civil penalty. |
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(c) On 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 an action authorized by |
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Subsection (b) in the name of the state. |
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(d) In an action brought under this section, the department, |
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the attorney general, or the county, as appropriate, may also |
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recover: |
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(1) the actual investigation costs; |
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(2) reasonable attorney's fees; and |
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(3) reasonable associated costs to bring the action. |
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(e) Money recovered under Subsection (d) shall be credited |
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to the same operating fund from which the expenditure occurred. |
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Sec. 11.089. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates this subchapter or a rule adopted |
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under this subchapter. |
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(b) An offense under this section is a Class C Parks and |
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Wildlife Code misdemeanor. |
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Sec. 11.090. REMEDIES CUMULATIVE. The pendency or |
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determination of a civil action brought under this subchapter or a |
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criminal prosecution for the same violation does not bar the other |
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action. |
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SECTION 2. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |