NATURAL RESOURCES CODE

TITLE 10. CAVES

CHAPTER 201. CAVERN PROTECTION

SUBCHAPTER A. GENERAL PROVISIONS


	§ 201.001.  POLICY.  It is declared to be the public 
policy and in the public interest of the State of Texas to protect 
and preserve all caves on or under any of the land in the State of 
Texas, including tidelands, submerged land, and the bed of the sea 
within the jurisdiction of the State of Texas.

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.


	§ 201.002.  DEFINITIONS.  In this chapter:                                  
		(1)  "Cave" means any naturally occurring subterranean 
cavity, and includes or is synonymous with cavern, pit, pothole, 
well, sinkhole, and grotto.
		(2)  "Gate" means any structure, lock, door, or device 
located to limit or prohibit access or entry to any cave.
		(3)  "Speleothem" means a natural mineral formation or 
deposit occurring in a cave, and includes or is synonymous with 
stalagmites, stalactites, helictites, anthodites, gypsum flowers, 
needles, angel's hair, soda straws, draperies, bacon, cave pearls, 
popcorn (coral), rimstone dams, columns, plettes, flowstone, or 
other similar crystalline mineral formations commonly composed of 
calcite, epsomite, gypsum, aragonite, celestite, and other similar 
minerals and formations.
		(4)  "Owner" means a person who owns title to land on 
which a cave is located, including a person who owns title to a 
leasehold estate in the land.

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.

SUBCHAPTER B. PERMITS


	§ 201.011.  PERMIT REQUIRED.  No person may excavate, 
remove, destroy, injure, alter in any significant manner, or deface 
any part of a cave owned by the State of Texas, unless he first 
obtains a permit under Section 201.012 of this code.

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.


	§ 201.012.  ISSUANCE OF PERMIT.  The General Land Office 
may issue a permit under this subsection if the person seeking the 
permit furnishes the following information:
		(1)  a detailed statement giving the reasons and 
objectives for the excavation, removal, or alteration and the 
benefits expected to be obtained from the contemplated work;
		(2)  data and results of any completed excavation;                            
		(3)  the prior written permission from the state agency 
which manages the site of the proposed excavation;
		(4)  a sworn statement that he will carry the permit 
while exercising the privileges granted;  and
		(5)  any other reasonable information which the General 
Land Office may prescribe.

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.


	§ 201.013.  REVOCATION.  The General Land Office may for 
good cause revoke any permit issued under Section 201.012 of this 
code.

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.


	§ 201.014.  PENALTIES.  (a)  A person who violates 
Section 201.011 of this code is guilty of a Class B misdemeanor.
	(b)  A person who violates Section 201.012 of this code is 
guilty of a Class C misdemeanor and the permit shall be revoked.

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.

SUBCHAPTER C. PROHIBITIONS


	§ 201.041.  VANDALISM.  (a)  A person may not, without 
express, prior, written permission of the owner, wilfully or 
knowingly:
		(1)  break, break off, crack, carve upon, write, burn, 
or otherwise mark upon, remove, or in any manner destroy, disturb, 
deface, mar, or harm the surfaces of any cave or any natural 
material in a cave, including speleothems;
		(2)  disturb or alter in any manner the natural 
condition of any cave;  or  
		(3)  break, force, tamper with, or otherwise disturb a 
lock, gate, door, or other obstruction designed to control or 
prevent access to any cave, even though entrance to the cave may not 
be gained.
	(b)  A person who violates a provision of this section is 
guilty of a Class A misdemeanor, unless he has previously been 
convicted of violating this section, in which case he is guilty of a 
felony of the third degree.

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.


	§ 201.042.  SALE OF SPELEOTHEMS.  (a)  A person may not 
sell or offer for sale any speleothems in this state, or export them 
for sale outside the state, without written permission from the 
owner of the cave from which the speleothems were removed.
	(b)  A person who violates this section is guilty of a Class B 
misdemeanor.  

Added by Acts 1979, 66th Leg., p. 2003, ch. 785, § 5, eff. June 
13, 1979.