By:  Zaffirini                                        S.B. No. 1034
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the use or possession of a glass beverage container on
    1-2  or near a public river, lake, or stream; providing a criminal
    1-3  penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 365, Health and Safety
    1-6  Code, is amended by adding Section 365.017 to read as follows:
    1-7        Sec. 365.017.  USING OR POSSESSING GLASS BEVERAGE CONTAINER
    1-8  ON OR NEAR A PUBLIC RIVER, LAKE, OR STREAM; CRIMINAL PENALTY.
    1-9  (a)  A person commits an offense if the person uses or possesses a
   1-10  glass beverage container:
   1-11              (1)  on a public river, lake, or stream; or
   1-12              (2)  on public property within 100 feet of a public
   1-13  river, lake, or stream.
   1-14        (b)  It is not an offense under this section if a person who
   1-15  uses or possesses a glass beverage container within 100 feet of a
   1-16  public river, lake, or stream is:
   1-17              (1)  in the enclosed perimeter of a patio area or a
   1-18  building; or
   1-19              (2)  in a motor vehicle, not including a boat or other
   1-20  waterborne vessel.
   1-21        (c)  An offense under this section is a Class C misdemeanor.
   1-22  If it is shown on the trial of the defendant that the defendant has
   1-23  previously been convicted of an offense under this section, the
    2-1  offense is punishable by a fine of not less than $100 nor more than
    2-2  $1,000.
    2-3        SECTION 2.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended,
    2-8  and that this Act take effect and be in force from and after its
    2-9  passage, and it is so enacted.