Texas 2013 83rd Regular

Texas House Bill HB3279 Enrolled / Bill

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                    H.B. No. 3279


 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 or Halodule wrightii, 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 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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 3279 was passed by the House on May
 10, 2013, by the following vote:  Yeas 129, Nays 14, 2 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 3279 on May 23, 2013, by the following vote:  Yeas 118, Nays 28,
 2 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 3279 was passed by the Senate, with
 amendments, on May 20, 2013, by the following vote:  Yeas 30, Nays
 1.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor