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.