| 1 | 1 | | 88R13755 MP-F |
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| 2 | 2 | | By: Guerra H.B. No. 3300 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release of a balloon; providing a criminal penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 365, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 365.018 to read as follows: |
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| 11 | 11 | | Sec. 365.018. RELEASE OF BALLOON; CRIMINAL PENALTY. (a) In |
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| 12 | 12 | | this section, "balloon" means a bag of rubber, latex, Mylar, or |
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| 13 | 13 | | similar material inflated with lighter-than-air gas. |
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| 14 | 14 | | (b) A person commits an offense if the person knowingly |
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| 15 | 15 | | releases a balloon into the air outside a roofed structure. |
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| 16 | 16 | | (c) A person commits an offense if: |
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| 17 | 17 | | (1) the person organizes, sponsors, or promotes an |
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| 18 | 18 | | event knowing that the release of a balloon into the air outside a |
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| 19 | 19 | | roofed structure is an authorized part of the event; and |
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| 20 | 20 | | (2) at the event, a balloon is released into the air |
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| 21 | 21 | | outside a roofed structure. |
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| 22 | 22 | | (d) It is a defense to prosecution under this section that: |
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| 23 | 23 | | (1) the balloon was released for a meteorological or |
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| 24 | 24 | | scientific purpose and that the release was made or authorized by a |
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| 25 | 25 | | federal, state, or local governmental entity; or |
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| 26 | 26 | | (2) the balloon released was inflated with heated air |
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| 27 | 27 | | and designed for recovery after launching. |
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| 28 | 28 | | (e) An offense under this section is a Class C misdemeanor. |
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| 29 | 29 | | (f) This section does not affect the authority of a |
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| 30 | 30 | | municipality to adopt or enforce an ordinance regarding the release |
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| 31 | 31 | | of a balloon. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2023. |
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