88R13755 MP-F
By: Guerra H.B. No. 3300
A BILL TO BE ENTITLED
AN ACT
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.