By Rangel H.B. No. 1040 76R4406 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the discarding of burning materials; providing a 1-3 criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 28, Penal Code, is amended by adding 1-6 Section 28.09 to read as follows: 1-7 Sec. 28.09. DISCARDING LIGHTED MATERIALS. (a) A person 1-8 commmits an offense if the person discards a lighted match, lighted 1-9 cigarette or cigar, or other lighted material onto open-space land, 1-10 onto a private road or the right-of-way of a private road, onto a 1-11 public highway or other public road or the right-of-way of a public 1-12 highway or other public road, or onto a railroad right-of-way. 1-13 (b) An offense under Subsection (a) is a misdemeanor 1-14 punishable by: 1-15 (1) a fine not to exceed $100; 1-16 (2) confinement in jail for a term not to exceed 30 1-17 days; or 1-18 (3) both the fine and confinement. 1-19 (c) The operator of a public conveyance in which smoking 1-20 tobacco is allowed shall post a copy of this section in a 1-21 conspicuous place within the portions of the public conveyance in 1-22 which smoking is allowed. 1-23 SECTION 2. This Act takes effect September 1, 1999. 1-24 SECTION 3. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended.