Texas 2025 - 89th Regular

Texas House Bill HB1904 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2443 JDK-D
2	2	By: Canales H.B. No. 1904
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release of a balloon and associated littering;
10	10	creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 365.011, Health and Safety Code, is
13	13	amended by adding Subdivision (1-a) and amending Subdivision (6) to
14	14	read as follows:
15	15	(1-a) "Balloon" means a bag of rubber, latex, Mylar,
16	16	or similar inflatable material.
17	17	(6) "Litter" means:
18	18	(A) decayable waste from a public or private
19	19	establishment, residence, or restaurant, including animal and
20	20	vegetable waste material from a market or storage facility handling
21	21	or storing produce or other food products, or the handling,
22	22	preparation, cooking, or consumption of food, but not including
23	23	sewage, body wastes, or industrial by-products; or
24	24	(B) nondecayable solid waste, except ashes, that
25	25	consists of:
26	26	(i) combustible waste material, including
27	27	paper, rags, cartons, wood, excelsior, furniture, rubber,
28	28	balloons, plastics, yard trimmings, leaves, or similar materials;
29	29	(ii) noncombustible waste material,
30	30	including glass, crockery, tin or aluminum cans, metal furniture,
31	31	and similar materials that do not burn at ordinary incinerator
32	32	temperatures of 1800 degrees Fahrenheit or less; and
33	33	(iii) discarded or worn-out manufactured
34	34	materials and machinery, including motor vehicles and parts of
35	35	motor vehicles, tires, aircraft, farm implements, building or
36	36	construction materials, appliances, and scrap metal.
37	37	SECTION 2. Subchapter B, Chapter 365, Health and Safety
38	38	Code, is amended by adding Section 365.018 to read as follows:
39	39	Sec. 365.018. RELEASE OF BALLOON; CRIMINAL PENALTY. (a) A
40	40	person commits an offense if the person intentionally releases or
41	41	causes to be released a balloon inflated with lighter-than-air gas
42	42	outside a roofed structure.
43	43	(b) It is an exception to the application of Subsection (a)
44	44	that the balloon was:
45	45	(1) a balloon released for scientific or
46	46	meteorological purposes on behalf of a governmental agency or under
47	47	a governmental contract; or
48	48	(2) a hot air balloon recovered after launching.
49	49	(c) An offense under this section is a Class C misdemeanor
50	50	if:
51	51	(1) the total weight of balloons released by the
52	52	actor, after deflation, is five pounds or less; or
53	53	(2) the total volume of balloons released by the
54	54	actor, after deflation, is five gallons or less.
55	55	(d) An offense under this section is a Class B misdemeanor
56	56	if:
57	57	(1) the total weight of balloons released by the
58	58	actor, after deflation, is more than five pounds but less than 500
59	59	pounds; or
60	60	(2) the total volume of balloons released by the
61	61	actor, after deflation, is more than five gallons but less than 100
62	62	cubic feet.
63	63	(e) An offense under this section is a Class A misdemeanor
64	64	if:
65	65	(1) the total weight of balloons released by the
66	66	actor, after deflation, is 500 pounds or more but less than 1,000
67	67	pounds;
68	68	(2) the total volume of balloons released by the
69	69	actor, after deflation, is 100 cubic feet or more but less than 200
70	70	cubic feet; or
71	71	(3) the balloon release was for a commercial purpose
72	72	and:
73	73	(A) the total weight of balloons released by the
74	74	actor, after deflation, is more than five pounds but less than 200
75	75	pounds; or
76	76	(B) the total volume of balloons released by the
77	77	actor, after deflation, is more than five gallons but less than 200
78	78	cubic feet.
79	79	(f) An offense under this section is a state jail felony if:
80	80	(1) the total weight of balloons released by the
81	81	actor, after deflation, is 1,000 pounds or more;
82	82	(2) the total volume of balloons released by the
83	83	actor, after deflation, is 200 cubic feet or more; or
84	84	(3) the balloon release was for a commercial purpose
85	85	and:
86	86	(A) the total weight of balloons released by the
87	87	actor, after deflation, is 200 pounds or more; or
88	88	(B) the total volume of balloons released by the
89	89	actor, after deflation, is 200 cubic feet or more.
90	90	(g) Except as otherwise provided by this subsection, the
91	91	punishment for an offense under this section is increased to the
92	92	punishment prescribed for the next higher category of offense if it
93	93	is shown on the trial of the offense that the defendant has
94	94	previously been convicted of an offense under this section. If an
95	95	offense under this section is punishable as a Class A misdemeanor,
96	96	the minimum term of confinement for the offense is increased to 180
97	97	days.
98	98	(h) On conviction of an offense under this section, the
99	99	court shall require the defendant, in addition to the penalties
100	100	prescribed by this section, to perform community service as
101	101	provided by Article 42A.304(e), Code of Criminal Procedure.
102	102	(i) Chapter 15, Penal Code, applies to an offense under this
103	103	section.
104	104	(j) If conduct that constitutes an offense under this
105	105	section also constitutes an offense under any other law, the actor
106	106	may be prosecuted under this section or the other law, but not both.
107	107	SECTION 3. Article 42A.304(e), Code of Criminal Procedure,
108	108	is amended to read as follows:
109	109	(e) A defendant required to perform community service under
110	110	this article after conviction of an offense under Section 352.082,
111	111	Local Government Code, or Section 365.012, 365.013, [or] 365.016,
112	112	or 365.018, Health and Safety Code, shall perform the amount of
113	113	service ordered by the court, which may not exceed 60 hours. The
114	114	community service must consist of picking up litter in the county in
115	115	which the defendant resides or working at a recycling facility if a
116	116	program for performing that type of service is available in the
117	117	community in which the court is located. A court may credit the
118	118	amount of community service performed by a defendant under this
119	119	subsection toward any amount of community service the defendant is
120	120	ordered to perform under another provision of this code as a result
121	121	of the defendant's inability to pay a fine or cost imposed in the
122	122	judgment for the applicable offense.
123	123	SECTION 4. This Act takes effect September 1, 2025.