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78R4754 JTS-D


By:  Gallego                                                      H.B. No. 1577



A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of glass containers within the 
boundaries of a state-owned riverbed; providing criminal 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 365, Health and Safety 
Code, is amended by adding Section 365.035 to read as follows:
	Sec. 365.035.  PROHIBITION ON GLASS CONTAINERS WITHIN 
BOUNDARY OF STATE-OWNED RIVERBED; PENALTIES.  (a)  A person commits 
an offense if the person possesses a glass container within the 
boundaries of a state-owned riverbed.  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)  It is a defense to prosecution under Subsection (a) that 
the person who possessed the glass container:
		(1)  did not transport the glass container into the 
boundaries of the riverbed; and
		(2)  possessed the glass container only for the purpose 
of lawfully disposing of the glass container in a designated waste 
receptacle.
	SECTION 2.  This Act takes effect September 1, 2003.