Bill Text: TX HB218 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to possessing a glass container within the boundaries of certain riverbeds; providing criminal penalties.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB218 Detail]
Download: Texas-2011-HB218-Enrolled.html
| H.B. No. 218 | ||
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| 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 | ||
