77R6213 JRD-D By Rangel H.B. No. 1126 Substitute the following for H.B. No. 1126: By Dunnam C.S.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 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) It is an affirmative defense to prosecution under 1-20 Subsection (a) that the person discarded the lighted item or 1-21 material in connection with controlled burning the person was 1-22 conducting in the area into which the lighted item or material was 1-23 discarded. 1-24 (d) The operator of a public conveyance in which smoking 2-1 tobacco is allowed shall post a copy of this section in a 2-2 conspicuous place within the portions of the public conveyance in 2-3 which smoking is allowed. 2-4 SECTION 2. This Act takes effect September 1, 2001.