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A BILL TO BE ENTITLED
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AN ACT
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relating to possessing a glass container within the boundaries of |
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certain riverbeds; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 365, Health and Safety |
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Code, is amended by adding Section 365.035 to read as follows: |
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Sec. 365.035. PROHIBITION ON POSSESSING GLASS CONTAINERS |
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WITHIN BOUNDARY OF STATE-OWNED RIVERBED; PENALTIES. (a) A person |
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commits an offense if the person possesses a glass container within |
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the boundaries of a state-owned riverbed. An offense under this |
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section is a Class C misdemeanor unless it is shown on the trial of |
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the defendant that the defendant has previously been convicted of |
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an offense under this section, in which case the offense is a Class |
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B misdemeanor. |
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(b) It is a defense to prosecution under Subsection (a) that |
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the person who possessed the glass container: |
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(1) did not transport the glass container into the |
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boundaries of the riverbed; or |
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(2) possessed the glass container only for the purpose |
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of lawfully disposing of the glass container in a designated waste |
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receptacle. |
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(c) It is an exception to the application of Subsection (a) |
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that the person possessed the glass container only for the purpose |
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of water sampling or conducting scientific research as authorized |
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by: |
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(1) a governmental entity; |
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(2) a utility as defined by Section 11.004, Utilities |
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Code; or |
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(3) a retail public utility as defined by Section |
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13.002, Water Code. |
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SECTION 2. This Act takes effect September 1, 2009. |