By: Morrison H.B. No. 3279
Substitute the following for H.B. No. 3279:
By: Larson C.S.H.B. No. 3279
A BILL TO BE ENTITLED
AN ACT
relating to the uprooting of seagrass plants; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 66, Parks and Wildlife
Code, is amended by adding Section 66.024 to read as follows:
Sec. 66.024. SEAGRASS PLANTS. (a) In this section,
"seagrass plant" means a flowering marine plant of the species:
(1) Cymodocea filiformis, known as manatee grass;
(2) Halodule beaudettei, known as shoal grass;
(3) Halophila engelmannii, known as star grass or
Engelmann's seagrass;
(4) Ruppia maritima, known as widgeon grass; or
(5) Thalassia testudinum, known as turtle grass.
(b) A person may not uproot or dig out any rooted seagrass
plant from a bay bottom or other saltwater bottom area in the
jurisdiction of this state by means of a propeller, except as that
uprooting or digging out may be authorized by:
(1) a coastal lease granted by the General Land
Office; or
(2) a commercial license or permit issued by the
department.
(c) It is a defense to prosecution under this section that a
person:
(1) anchors a vessel within an area containing
seagrass plants and uproots a seagrass plant;
(2) uses an electric trolling motor within an area
containing seagrass plants and uproots a seagrass plant; or
(3) operates a vessel in a manner consistent with the
acceleration required to reach and stay on plane.
(d) A person who violates this section or a proclamation of
the commission under this section commits an offense that is a Class
C Parks and Wildlife Code misdemeanor.
SECTION 2. This Act takes effect September 1, 2013.