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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 and associated littering; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 365.011, Health and Safety Code, is |
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amended by adding Subdivision (1-a) and amending Subdivision (6) to |
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read as follows: |
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(1-a) "Balloon" means a bag of rubber, latex, Mylar, |
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or similar inflatable material. |
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(6) "Litter" means: |
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(A) decayable waste from a public or private |
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establishment, residence, or restaurant, including animal and |
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vegetable waste material from a market or storage facility handling |
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or storing produce or other food products, or the handling, |
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preparation, cooking, or consumption of food, but not including |
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sewage, body wastes, or industrial by-products; or |
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(B) nondecayable solid waste, except ashes, that |
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consists of: |
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(i) combustible waste material, including |
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paper, rags, cartons, wood, excelsior, furniture, rubber, |
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balloons, plastics, yard trimmings, leaves, or similar materials; |
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(ii) noncombustible waste material, |
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including glass, crockery, tin or aluminum cans, metal furniture, |
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and similar materials that do not burn at ordinary incinerator |
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temperatures of 1800 degrees Fahrenheit or less; and |
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(iii) discarded or worn-out manufactured |
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materials and machinery, including motor vehicles and parts of |
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motor vehicles, tires, aircraft, farm implements, building or |
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construction materials, appliances, and scrap metal. |
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SECTION 2. 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) A |
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person commits an offense if the person intentionally releases or |
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causes to be released a balloon inflated with lighter-than-air gas |
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outside a roofed structure. |
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(b) It is an exception to the application of Subsection (a) |
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that the balloon was: |
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(1) a balloon released for scientific or |
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meteorological purposes on behalf of a governmental agency or under |
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a governmental contract; or |
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(2) a hot air balloon recovered after launching. |
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(c) An offense under this section is a Class C misdemeanor |
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if: |
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(1) the total weight of balloons released by the |
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actor, after deflation, is five pounds or less; or |
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(2) the total volume of balloons released by the |
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actor, after deflation, is five gallons or less. |
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(d) An offense under this section is a Class B misdemeanor |
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if: |
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(1) the total weight of balloons released by the |
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actor, after deflation, is more than five pounds but less than 500 |
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pounds; or |
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(2) the total volume of balloons released by the |
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actor, after deflation, is more than five gallons but less than 100 |
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cubic feet. |
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(e) An offense under this section is a Class A misdemeanor |
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if: |
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(1) the total weight of balloons released by the |
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actor, after deflation, is 500 pounds or more but less than 1,000 |
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pounds; |
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(2) the total volume of balloons released by the |
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actor, after deflation, is 100 cubic feet or more but less than 200 |
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cubic feet; or |
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(3) the balloon release was for a commercial purpose |
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and: |
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(A) the total weight of balloons released by the |
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actor, after deflation, is more than five pounds but less than 200 |
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pounds; or |
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(B) the total volume of balloons released by the |
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actor, after deflation, is more than five gallons but less than 200 |
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cubic feet. |
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(f) An offense under this section is a state jail felony if: |
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(1) the total weight of balloons released by the |
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actor, after deflation, is 1,000 pounds or more; |
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(2) the total volume of balloons released by the |
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actor, after deflation, is 200 cubic feet or more; or |
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(3) the balloon release was for a commercial purpose |
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and: |
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(A) the total weight of balloons released by the |
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actor, after deflation, is 200 pounds or more; or |
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(B) the total volume of balloons released by the |
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actor, after deflation, is 200 cubic feet or more. |
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(g) Except as otherwise provided by this subsection, the |
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punishment for an offense under this section is increased to the |
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punishment prescribed for the next higher category of offense if it |
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is shown on the trial of the offense that the defendant has |
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previously been convicted of an offense under this section. If an |
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offense under this section is punishable as a Class A misdemeanor, |
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the minimum term of confinement for the offense is increased to 180 |
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days. |
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(h) On conviction of an offense under this section, the |
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court shall require the defendant, in addition to the penalties |
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prescribed by this section, to perform community service as |
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provided by Article 42A.304(e), Code of Criminal Procedure. |
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(i) Chapter 15, Penal Code, applies to an offense under this |
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section. |
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(j) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law, but not both. |
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SECTION 3. Article 42A.304(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) A defendant required to perform community service under |
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this article after conviction of an offense under Section 352.082, |
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Local Government Code, or Section 365.012, 365.013, [or] 365.016, |
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or 365.018, Health and Safety Code, shall perform the amount of |
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service ordered by the court, which may not exceed 60 hours. The |
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community service must consist of picking up litter in the county in |
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which the defendant resides or working at a recycling facility if a |
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program for performing that type of service is available in the |
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community in which the court is located. A court may credit the |
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amount of community service performed by a defendant under this |
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subsection toward any amount of community service the defendant is |
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ordered to perform under another provision of this code as a result |
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of the defendant's inability to pay a fine or cost imposed in the |
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judgment for the applicable offense. |
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SECTION 4. This Act takes effect September 1, 2025. |