Bill Text: TX HB3300 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the release of a balloon; providing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-13 - Left pending in committee [HB3300 Detail]
Download: Texas-2023-HB3300-Introduced.html
88R13755 MP-F | ||
By: Guerra | H.B. No. 3300 |
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relating to the release of a balloon; providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 365, Health and Safety | ||
Code, is amended by adding Section 365.018 to read as follows: | ||
Sec. 365.018. RELEASE OF BALLOON; CRIMINAL PENALTY. (a) In | ||
this section, "balloon" means a bag of rubber, latex, Mylar, or | ||
similar material inflated with lighter-than-air gas. | ||
(b) A person commits an offense if the person knowingly | ||
releases a balloon into the air outside a roofed structure. | ||
(c) A person commits an offense if: | ||
(1) the person organizes, sponsors, or promotes an | ||
event knowing that the release of a balloon into the air outside a | ||
roofed structure is an authorized part of the event; and | ||
(2) at the event, a balloon is released into the air | ||
outside a roofed structure. | ||
(d) It is a defense to prosecution under this section that: | ||
(1) the balloon was released for a meteorological or | ||
scientific purpose and that the release was made or authorized by a | ||
federal, state, or local governmental entity; or | ||
(2) the balloon released was inflated with heated air | ||
and designed for recovery after launching. | ||
(e) An offense under this section is a Class C misdemeanor. | ||
(f) This section does not affect the authority of a | ||
municipality to adopt or enforce an ordinance regarding the release | ||
of a balloon. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |