SRC-JLB H.B. 1577 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1577
78R4754 JTS-DBy: Gallego (Hinojosa)
Natural Resources
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Swimmers, anglers, paddlers, and campers are potentially at risk from an
injury from broken glass that may be in the state's riverbeds.  These
containers also pollute the riverbeds if they are not properly disposed of
in trash bins.  H.B. 1577 prohibits the possession of a glass container
within certain riverbed boundaries. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 365, Health and Safety Code, by
adding Section 365.035, as follows: 
 
Sec. 365.035.  PROHIBITION ON GLASS CONTAINERS WITHIN BOUNDARY OF
STATE-OWNED RIVERBED;  PENALTIES.  (a)  Provides that a person commits an
offense if the person possesses a glass container within the boundaries of
a state-owned riverbed.  Provides that an offense under this section is a
Class C misdemeanor unless it is shown on the trial of the defendant that
the defendant has previously been convicted of an offense under this
section, in which case the offense is a Class B misdemeanor. 
 
(b)  Provides that it is a defense to prosecution under Subsection (a)
that the person who possessed the glass container did not transport the
glass container into the boundaries of the riverbed and possessed the
glass container only for the purpose of lawfully disposing of the glass
container in a designated waste receptacle. 
 
SECTION 2.  Effective date:  September 1, 2003.