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AN ACT
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relating to the regulation of exotic aquatic species by the Parks |
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and Wildlife Department; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 66, Parks and Wildlife |
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Code, is amended to read as follows: |
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CHAPTER 66. FISH AND AQUATIC PLANTS |
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SECTION 2. The heading to Subchapter A, Chapter 66, Parks |
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and Wildlife Code, is amended to read as follows: |
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SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER |
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FISHING AND AQUATIC PLANTS |
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SECTION 3. The heading to Section 66.007, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 66.007. EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH |
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AND[,] SHELLFISH[, AND AQUATIC PLANTS]. |
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SECTION 4. Subsections (a), (b), (c), (e), (j), (k), and |
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(l), Section 66.007, Parks and Wildlife Code, are amended to read as |
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follows: |
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(a) No person may import, possess, sell, or place into the |
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public water of this state exotic harmful or potentially harmful |
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fish or[,] shellfish[, or aquatic plants] except as authorized by |
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rule or permit issued by the department. |
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(b) The department shall publish a list of[:
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[(1)] exotic fish and exotic shellfish for which a |
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permit under Subsection (a) is required[; and
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[(2)
exotic aquatic plants, as provided by this
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section, that are approved for importation into or possession in
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this state without a permit]. |
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(c) The department shall make rules to carry out [the
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provisions of] this section. [In adopting rules that relate to
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exotic aquatic plants, the department shall strive to ensure that
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the rules are as permissive as possible without allowing the
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importation or possession of plants that pose environmental,
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economic, or health problems.] |
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(e) In this section: |
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(1) ["Approved list" means the list published by the
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department under Subsection (b)(2) of exotic aquatic plants that a
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person may import into or possess in this state without an exotic
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species permit issued by the department.
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[(2)
"Exotic aquatic plant" means a nonindigenous
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aquatic plant that is not normally found in aquatic or riparian
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areas of this state.
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[(3)] "Exotic fish" means a nonindigenous fish that is |
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not normally found in the public water of this state. |
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(2) [(4)] "Exotic shellfish" means a nonindigenous |
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shellfish that is not normally found in the public water of this |
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state. |
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(3) "Public water" has the meaning assigned by Section |
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66.015. |
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(j) Except as provided in Subsection (k), an operator of an |
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aquaculture facility under quarantine condition may not discharge |
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waste or another substance from the facility except with approval |
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of the department and a wastewater discharge authorization from the |
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Texas [Natural Resource Conservation] Commission on Environmental |
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Quality. |
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(k) Even if under quarantine condition, an aquaculture |
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facility shall discharge wastewater or another substance as |
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necessary to comply with an emergency plan that has been submitted |
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to and approved by the department and incorporated into a |
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wastewater discharge authorization issued by the Texas [Natural
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Resource Conservation] Commission on Environmental Quality. |
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(l) On receiving notice from an owner of the observance of |
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manifestations of disease, the department shall immediately: |
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(1) notify the Department of Agriculture, the Texas |
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[Natural Resource Conservation] Commission on Environmental |
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Quality, and the Texas Animal Health Commission; and |
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(2) advise the Department of Agriculture, the Texas |
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[Natural Resource Conservation] Commission on Environmental |
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Quality, and the Texas Animal Health Commission regarding the |
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appropriate action to be taken. |
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SECTION 5. Section 66.0071, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On |
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leaving any public or private body of water in this state, a person |
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shall immediately remove and lawfully dispose of any exotic aquatic |
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plant [not included] on the [approved] list of prohibited plants |
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adopted [published] under Section 66.0072 [66.007(b)(2)] that is |
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clinging or attached to the person's: |
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(1) vessel or watercraft; or |
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(2) trailer, motor vehicle, or other mobile device |
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used to transport or launch a vessel or watercraft. |
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SECTION 6. Subchapter A, Chapter 66, Parks and Wildlife |
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Code, is amended by adding Section 66.0072 to read as follows: |
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Sec. 66.0072. EXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC |
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PLANTS. (a) In this section: |
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(1) "Exotic aquatic plant" means a nonindigenous |
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aquatic plant that is not normally found in the public water of this |
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state. |
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(2) "Public water" has the meaning assigned by Section |
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66.015. |
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(b) A person may not import, possess, sell, or place into |
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the public water of this state an exotic harmful or potentially |
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harmful aquatic plant except as authorized by commission rule or a |
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permit issued by the department. |
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(c) The commission by rule shall adopt a list of exotic |
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aquatic plants that may not be imported into or possessed in this |
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state without a permit. |
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(d) The commission may enact an emergency rule as provided |
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by Chapter 2001, Government Code, to add an exotic aquatic plant to |
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the list of prohibited plants if the plant is determined to be |
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harmful or potentially harmful. |
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(e) This section does not apply to any microalgae imported, |
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possessed, used, or sold for biofuel, academic, or research and |
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development purposes. The department shall consult with the |
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Department of Agriculture as necessary to administer this section |
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and may not adopt rules or permits for microalgae imported, |
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possessed, used, or sold for biofuel, academic, or research and |
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development purposes without written approval from the Department |
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of Agriculture of the rules or permits. |
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(f) The commission shall adopt rules to implement this |
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section. |
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SECTION 7. Subsections (b), (c), (d), (e), and (f), Section |
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66.012, Parks and Wildlife Code, are amended to read as follows: |
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(b) A person who violates Section 66.003, 66.004, 66.005, |
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66.006(c), [66.007,] 66.009, 66.015, 66.021, or 66.0091 of this |
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code commits an offense that is a Class B Parks and Wildlife Code |
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misdemeanor. |
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(c) An offense under [If it is shown at the trial of the
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defendant for a violation of] Section 66.004, 66.006(c), [66.007,] |
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or 66.015 is [of this code that the defendant has been convicted
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once before the trial date of a violation of the same section, on
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conviction the defendant shall be punished for] a Class A Parks and |
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Wildlife Code misdemeanor if it is shown at the trial of a person |
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for the offense that the person has been previously convicted one |
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time of a violation of the same section. |
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(d) An offense under [If it is shown at the trial of the
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defendant for a violation of] Section 66.004[, 66.007,] or 66.015 |
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is [of this code that the defendant has been convicted two or more
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times before the trial date of a violation of the same section, on
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conviction the defendant shall be punished for] a Parks and |
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Wildlife Code felony if it is shown at the trial of a person for the |
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offense that the person has been previously convicted two or more |
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times of a violation of the same section. |
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(e) An offense under [If it is shown at the trial of the
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defendant for a violation of] Section 66.007, 66.0072, 66.020(f), |
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or 66.020(g) [of this code] or a proclamation adopted by the |
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commission under those sections is [that the defendant has been
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convicted within five years before the trial date of a violation of
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the section for which the defendant is being prosecuted, on
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conviction the defendant shall be punished for] a Class B Parks and |
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Wildlife Code misdemeanor if it is shown at the trial of a person |
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for the offense that the person has been previously convicted one |
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time of a violation of the same section. |
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(f) An offense under [If it is shown at the trial for a
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violation of] Section 66.007, 66.0072, 66.020(f), or 66.020(g) [of
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this code] or a proclamation adopted by the commission under those |
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sections is [that the defendant has been convicted two or more times
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within five years before the trial date of a violation of the
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section for which the defendant is being prosecuted, on conviction
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the defendant shall be punished for] a Class A Parks and Wildlife |
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Code misdemeanor if it is shown at the trial of a person for the |
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offense that the person has been previously convicted two or more |
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times of a violation of the same section. |
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SECTION 8. Subsections (m) through (s), Section 66.007, |
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Parks and Wildlife Code, are repealed. |
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SECTION 9. (a) On the effective date of this Act, the list |
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of harmful or potentially harmful plants that was in effect |
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immediately before the publication of the list of approved plants |
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required by Subsection (b), Section 66.007, Parks and Wildlife |
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Code, as amended by Section 14, Chapter 952 (H.B. 3391), Acts of the |
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81st Legislature, Regular Session, 2009, is the list of exotic |
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aquatic plants required by Section 66.0072, Parks and Wildlife |
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Code, as added by this Act, and shall be the list in effect until |
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amended by the Parks and Wildlife Department. |
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(b) The Parks and Wildlife Department may not enforce the |
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permit requirements or prohibited actions regarding exotic aquatic |
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plants that are on the list under Section 66.0072, Parks and |
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Wildlife Code, as added by this Act, before the effective date of |
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this Act. |
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(c) After the effective date of this Act, the Parks and |
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Wildlife Department is not required to maintain or publish the list |
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of approved exotic aquatic plants for which a permit is not required |
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under Section 66.007, Parks and Wildlife Code, as that section |
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provided before the effective date of this Act. |
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(d) Section 66.012, Parks and Wildlife Code, as amended by |
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this Act, applies only to an offense that occurs on or after the |
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effective date of this Act. An offense that occurs before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. For purposes of this subsection, an offense is |
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committed before the effective date of this Act if any element of |
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the offense occurs before that date. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1480 passed the Senate on |
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April 21, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1480 passed the House on |
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May 23, 2011, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |