81R22257 JTS-D
By: Gallego H.B. No. 810
Substitute the following for H.B. No. 810:
By: McCall C.S.H.B. No. 810
A BILL TO BE ENTITLED
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. An offense under this section is a Class C misdemeanor
unless it is shown on the trial of the defendant that the defendant
has previously been convicted of an offense under this section, in
which case the offense is a Class B misdemeanor.
(c) 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.
(d) 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; or
(3) a retail public utility as defined by Section
13.002, Water Code.
SECTION 2. This Act takes effect September 1, 2009.