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79R11708 JTS-F


By:  Gallego                                                      H.B. No. 2684

Substitute the following for H.B. No. 2684:                                   

By:  Hilderbran                                               C.S.H.B. No. 2684



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; or
		(2)  possessed the glass container only for the purpose 
of lawfully disposing of the glass container in a designated waste 
receptacle.
	(c)  It is an exception to the application of Subsection (a) 
that the person possessed the glass container only for the purpose 
of water sampling or conducting scientific research as authorized 
by:
		(1)  a governmental entity;                                            
		(2)  a utility as defined by Section 11.004, Utilities 
Code; or      
		(3)  a retail public utility as defined by Section 
13.002, Water Code.
	SECTION 2.  This Act takes effect September 1, 2005.