| 1 | 1 | | 81R22257 JTS-D |
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| 2 | 2 | | By: Gallego H.B. No. 810 |
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| 3 | 3 | | Substitute the following for H.B. No. 810: |
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| 4 | 4 | | By: McCall C.S.H.B. No. 810 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to possessing a glass container within the boundaries of |
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| 10 | 10 | | certain riverbeds; providing criminal penalties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 365, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 365.035 to read as follows: |
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| 14 | 14 | | Sec. 365.035. PROHIBITION ON POSSESSING GLASS CONTAINERS |
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| 15 | 15 | | WITHIN BOUNDARY OF STATE-OWNED RIVERBED; PENALTIES. (a) In this |
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| 16 | 16 | | section, "glass container" means a glass container designed to |
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| 17 | 17 | | contain a beverage, including a bottle or jar. |
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| 18 | 18 | | (b) A person commits an offense if the person knowingly |
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| 19 | 19 | | possesses a glass container within the boundaries of a state-owned |
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| 20 | 20 | | riverbed. An offense under this section is a Class C misdemeanor |
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| 21 | 21 | | unless it is shown on the trial of the defendant that the defendant |
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| 22 | 22 | | has previously been convicted of an offense under this section, in |
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| 23 | 23 | | which case the offense is a Class B misdemeanor. |
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| 24 | 24 | | (c) It is a defense to prosecution under Subsection (b) that |
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| 25 | 25 | | the person who possessed the glass container: |
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| 26 | 26 | | (1) did not transport the glass container into the |
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| 27 | 27 | | boundaries of the riverbed; |
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| 28 | 28 | | (2) possessed the glass container only for the purpose |
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| 29 | 29 | | of lawfully disposing of the glass container in a designated waste |
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| 30 | 30 | | receptacle; or |
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| 31 | 31 | | (3) is the owner of property adjacent to the section of |
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| 32 | 32 | | the riverbed in which the person possessed the glass container. |
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| 33 | 33 | | (d) It is an exception to the application of Subsection (b) |
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| 34 | 34 | | that the person possessed the glass container only for the purpose |
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| 35 | 35 | | of water sampling or conducting scientific research as authorized |
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| 36 | 36 | | by: |
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| 37 | 37 | | (1) a governmental entity; |
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| 38 | 38 | | (2) a utility as defined by Section 11.004, Utilities |
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| 39 | 39 | | Code; or |
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| 40 | 40 | | (3) a retail public utility as defined by Section |
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| 41 | 41 | | 13.002, Water Code. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2009. |
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