BILL ANALYSIS

 

 

                                                                                                                                             H.B. 450

                                                                                                                                         By: Gallego

                                                                                                          Culture, Recreation, & Tourism

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently recreational water activities in Texas are becoming hazardous due to the increased litter around state-owned riverbeds.  Swimmers, anglers, paddlers, and campers are potentially at risk  to suffer from an injury caused by broken glass in the riverbeds.  Also, these containers pollute the beds if they are not properly disposed of in trash bins.

 

HB 450 will prohibit the possession of glass containers within the boundaries of state-owned riverbeds to create a safer, and more environmentally friendly riverbed.

 

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

Section 1(a) amends Subchapter C, Chapter 365 of the Health and Safety Code by adding Section 365.035 to designate an offense if a person possesses a glass container within the boundaries of a state-owned riverbed.  This is a Class C misdemeanor unless the defendant has previously been convicted of an offense under this section, in which case it becomes a Class B misdemeanor.

 

Section 1(b) does not hold persons accountable for prosecution if they did not transport the glass into the boundaries of the riverbed, or if they possessed the glass container for the purposes of lawfully disposing of it.

 

EFFECTIVE DATE

 

September 1, 2007.