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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a balloon; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 365, Health and Safety |
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Code, is amended by adding Section 365.018 to read as follows: |
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Sec. 365.018. RELEASE OF BALLOON; CRIMINAL PENALTY. (a) In |
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this section, "balloon" means a bag of rubber, latex, Mylar, or |
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similar material inflated with lighter-than-air gas. |
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(b) A person commits an offense if the person knowingly |
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releases a balloon into the air outside a roofed structure. |
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(c) A person commits an offense if: |
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(1) the person organizes, sponsors, or promotes an |
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event knowing that the release of a balloon into the air outside a |
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roofed structure is an authorized part of the event; and |
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(2) at the event, a balloon is released into the air |
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outside a roofed structure. |
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(d) It is a defense to prosecution under this section that: |
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(1) the balloon was released for a meteorological or |
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scientific purpose and that the release was made or authorized by a |
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federal, state, or local governmental entity; or |
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(2) the balloon released was inflated with heated air |
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and designed for recovery after launching. |
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(e) An offense under this section is a Class C misdemeanor. |
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(f) This section does not affect the authority of a |
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municipality to adopt or enforce an ordinance regarding the release |
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of a balloon. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |