1-1 By: Rangel (Senate Sponsor - Armbrister) H.B. No. 1126 1-2 (In the Senate - Received from the House April 25, 2001; 1-3 April 26, 2001, read first time and referred to Committee on 1-4 Criminal Justice; May 9, 2001, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 9, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the discarding of burning materials; providing a 1-9 criminal penalty. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 28, Penal Code, is amended by adding 1-12 Section 28.09 to read as follows: 1-13 Sec. 28.09. DISCARDING LIGHTED MATERIALS. (a) A person 1-14 commits an offense if the person discards a lighted match, lighted 1-15 cigarette or cigar, or other lighted material onto open-space land, 1-16 onto a private road or the right-of-way of a private road, onto a 1-17 public highway or other public road or the right-of-way of a public 1-18 highway or other public road, or onto a railroad right-of-way. 1-19 (b) Except as provided by Subsection (c), an offense under 1-20 Subsection (a) is a misdemeanor punishable by a fine not to exceed 1-21 $100. 1-22 (c) If a fire is ignited as the result of the commission of 1-23 an offense under Subsection (a) and the fire continues after 1-24 ignition, an offense under Subsection (a) is a misdemeanor 1-25 punishable by: 1-26 (1) a fine not to exceed $500; 1-27 (2) confinement in jail for a term not to exceed 30 1-28 days; or 1-29 (3) both the fine and confinement. 1-30 (d) It is an affirmative defense to prosecution under 1-31 Subsection (a) that the person discarded the lighted item or 1-32 material in connection with controlled burning the person was 1-33 conducting in the area into which the lighted item or material was 1-34 discarded. 1-35 (e) The operator of a public conveyance in which smoking 1-36 tobacco is allowed shall post a copy of this section in a 1-37 conspicuous place within the portions of the public conveyance in 1-38 which smoking is allowed. 1-39 SECTION 2. This Act takes effect September 1, 2001. 1-40 * * * * *