Cave Vandalism Page
Below is the Law regarding Cave Vandalism in Texas
The original Statute can be found at
It has been further suggested that the laws in this block may be applied:
Texas Penal Code:
28.03 Criminal Mischief.
IF the damage is over $500 it is a class B misdemeanor ($2,000
fine and up to 180 days.)
Section 28.08, Graffiti
This includes spray painting and markers, and this law was
specifically made for people who "tag" locations. It is automatically a class B
for ANY amount of damage. If the damage is over $500, then it is a class A
(up to $4,000 fine and up to one year in jail).
Be aware that under subsection D of the graffiti statute, it can
be a felony if it happened at a location when EDUCATIONAL PROGRAMS take place.
Also charge them with Criminal Trespass, another
Class B misdemeanor.
Natural Resources Code
TITLE 10. CAVES
CHAPTER 201. CAVERN PROTECTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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
(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
(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.
SUBCHAPTER B. PERMITS
Sec. 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.
Sec. 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
Sec. 201.013. Revocation.
The General Land Office may for good cause revoke any permit
issued under Section 201.012 of this code.
Sec. 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.
SUBCHAPTER C. PROHIBITIONS
Sec. 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.
Sec. 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.