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.