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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 1043

Senate Author:  Watson

Effective:  9-1-11

House Sponsor:  Martinez, "Mando"


            Senate Bill 1043 amends the Health and Safety Code to make it an offense if a person discards lighted litter onto open-space land, a public or private road, the right-of-way of a public or private road, or a railroad right-of-way and a fire is ignited as a result of that conduct.  The penalty for the offense depends on the weight or volume of the discarded litter.  The bill establishes an affirmative defense to prosecution in connection with the offense and provides for prosecution of the offense under the Penal Code, as applicable.  The bill also includes related signage requirements for the operator of a public conveyance in which smoking tobacco is allowed.