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.