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.