(a) If any public levee or any private levee is constructed and maintained for the purpose of protection against overflow, any person who drives any vehicle or rides on the levee without the consent of the owner, using the levee as a road bed, or who cuts, tears down, destroys, or injures a barricade, fence, or other construction erected or built for the protection of the levee, is guilty of a Class B misdemeanor.
(b) The provisions of this section do not apply to an instance in which:
(1) A road has been laid out by a lawful authority upon a levee that has ceased to be of any practical use to the county in the rear of the levee; or
(2) A lawful authority has established a crossing over the levee.