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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) In this |
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section, "glass container" means a glass container designed to |
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contain a beverage, including a bottle or jar. |
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(b) A person commits an offense if the person knowingly |
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possesses a glass container within the boundaries of a state-owned |
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riverbed in a county: |
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(1) that is located within 85 miles of an |
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international border; and |
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(2) in which at least four rivers are located. |
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(c) An offense under this section is a Class C misdemeanor. |
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(d) It is a defense to prosecution under Subsection (b) 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; |
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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; or |
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(3) is the owner of property adjacent to the section of |
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the riverbed in which the person possessed the glass container. |
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(e) It is an exception to the application of Subsection (b) |
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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; |
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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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(4) a power generation company as defined by Section |
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31.002, Utilities Code; |
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(5) a surface coal mining and reclamation operation, |
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as defined by Section 134.004, Natural Resources Code; or |
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(6) a school-sponsored or university-sponsored |
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educational activity. |
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SECTION 2. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 218 was passed by the House on April |
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8, 2011, by the following vote: Yeas 123, Nays 11, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 218 on May 27, 2011, by the following vote: Yeas 134, Nays 6, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 218 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |