By: Gallego 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 356, Health and Safety
Code, is amended by adding Section 356.035 to read as follows:
Sec. 365.035. PROHIBITION ON GLASS CONTAINERS WITHIN
BOUNDARIES OF A STATE-OWNED RIVERBED; PENALTIES. (a) A person
commits 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 waste receptacle;
or
(3) possessed the glass container for the purpose of
scientific research as authorized by a governmental entity.
SECTION 2. This Act takes effect September 1, 2005.