Bill Text: TX HB218 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to possessing a glass container within the boundaries of certain riverbeds; providing criminal penalties.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB218 Detail]

Download: Texas-2011-HB218-Enrolled.html

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H.B. No. 218

AN ACT
relating to possessing a glass container within the boundaries of
certain riverbeds; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 365, Health and Safety
Code, is amended by adding Section 365.035 to read as follows:
Sec. 365.035. PROHIBITION ON POSSESSING GLASS CONTAINERS
WITHIN BOUNDARY OF STATE-OWNED RIVERBED; PENALTIES. (a) In this
section, "glass container" means a glass container designed to
contain a beverage, including a bottle or jar.
(b) A person commits an offense if the person knowingly
possesses a glass container within the boundaries of a state-owned
riverbed in a county:
(1) that is located within 85 miles of an
international border; and
(2) in which at least four rivers are located.
(c) An offense under this section is a Class C misdemeanor.
(d) It is a defense to prosecution under Subsection (b) that
the person who possessed the glass container:
(1) did not transport the glass container into the
boundaries of the riverbed;
(2) possessed the glass container only for the purpose
of lawfully disposing of the glass container in a designated waste
receptacle; or
(3) is the owner of property adjacent to the section of
the riverbed in which the person possessed the glass container.
(e) It is an exception to the application of Subsection (b)
that the person possessed the glass container only for the purpose
of water sampling or conducting scientific research as authorized
by:
(1) a governmental entity;
(2) a utility as defined by Section 11.004, Utilities
Code;
(3) a retail public utility as defined by Section
13.002, Water Code;
(4) a power generation company as defined by Section
31.002, Utilities Code;
(5) a surface coal mining and reclamation operation,
as defined by Section 134.004, Natural Resources Code; or
(6) a school-sponsored or university-sponsored
educational activity.
SECTION 2. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 218 was passed by the House on April
8, 2011, by the following vote: Yeas 123, Nays 11, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 218 on May 27, 2011, by the following vote: Yeas 134, Nays 6, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 218 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor