By Rangel H.B. No. 1126 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 commits 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) Except as provided by Subsection (c), an offense under 1-14 Subsection (a) is a misdemeanor punishable by a fine not to exceed 1-15 $100. 1-16 (c) If a fire is ignited as the result of the commission of 1-17 an offense under Subsection (a) and the fire continues after 1-18 ignition, an offense under Subsection (a) is a misdemeanor 1-19 punishable by: 1-20 (1) a fine not to exceed $500; 1-21 (2) confinement in jail for a term not to exceed 30 1-22 days; or 1-23 (3) both the fine and confinement. 1-24 (d) It is an affirmative defense to prosecution under 2-1 Subsection (a) that the person discarded the lighted item or 2-2 material in connection with controlled burning the person was 2-3 conducting in the area into which the lighted item or material was 2-4 discarded. 2-5 (e) The operator of a public conveyance in which smoking 2-6 tobacco is allowed shall post a copy of this section in a 2-7 conspicuous place within the portions of the public conveyance in 2-8 which smoking is allowed. 2-9 SECTION 2. This Act takes effect September 1, 2001.