HB1904 - Relating to the release of a balloon and associated littering; creating a criminal offense.

      By: Canales, Cain, Landgraf, Virdell H.B. No. 1904       A BILL TO BE ENTITLED   AN ACT   relating to the release of a balloon and associated littering;   creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 365.011, Health and Safety Code, is   amended by adding Subdivision (1-a) and amending Subdivision (6) to   read as follows:                 (1-a)     "Balloon" means a bag of inflatable material   made of Mylar.                (6)  "Litter" means:                      (A)  decayable waste from a public or private   establishment, residence, or restaurant, including animal and   vegetable waste material from a market or storage facility handling   or storing produce or other food products, or the handling,   preparation, cooking, or consumption of food, but not including   sewage, body wastes, or industrial by-products; or                      (B)  nondecayable solid waste, except ashes, that   consists of:                            (i)  combustible waste material, including   paper, rags, cartons, wood, excelsior, furniture, rubber,   balloons, plastics, yard trimmings, leaves, or similar materials;                            (ii)  noncombustible waste material,   including glass, crockery, tin or aluminum cans, metal furniture,   and similar materials that do not burn at ordinary incinerator   temperatures of 1800 degrees Fahrenheit or less; and                            (iii)  discarded or worn-out manufactured   materials and machinery, including motor vehicles and parts of   motor vehicles, tires, aircraft, farm implements, building or   construction materials, appliances, and scrap metal.          SECTION 2.  Subchapter B, Chapter 365, Health and Safety   Code, is amended by adding Section 365.018 to read as follows:           Sec.   365.018.     RELEASE OF BALLOON; CRIMINAL PENALTY.   (a) A   person commits an offense if the person intentionally releases or   causes to be released a balloon inflated with lighter-than-air gas   outside a roofed structure.           (b)     It is an exception to the application of Subsection (a)   that the balloon was:                 (1)     a balloon released for scientific or   meteorological purposes on behalf of a governmental agency or under   a governmental contract; or                 (2)  a hot air balloon recovered after launching.           (c)     An offense under this section is a Class C misdemeanor   if:                 (1)     the total weight of balloons released by the   actor, after deflation, is five pounds or less; or                 (2)     the total volume of balloons released by the   actor, after deflation, is five gallons or less.           (d)     An offense under this section is a Class B misdemeanor   if:                 (1)     the total weight of balloons released by the   actor, after deflation, is more than five pounds but less than 500   pounds; or                   (2)     the total volume of balloons released by the   actor, after deflation, is more than five gallons but less than 100   cubic feet.           (e)     An offense under this section is a Class A misdemeanor   if:                 (1)     the total weight of balloons released by the   actor, after deflation, is 500 pounds or more but less than 1,000   pounds;                 (2)     the total volume of balloons released by the   actor, after deflation, is 100 cubic feet or more but less than 200   cubic feet; or                 (3)     the balloon release was for a commercial purpose   and:                       (A)     the total weight of balloons released by the   actor, after deflation, is more than five pounds but less than 200   pounds; or                         (B)     the total volume of balloons released by the   actor, after deflation, is more than five gallons but less than 200   cubic feet.           (f)  An offense under this section is a state jail felony if:                 (1)     the total weight of balloons released by the   actor, after deflation, is 1,000 pounds or more;                 (2)     the total volume of balloons released by the   actor, after deflation, is 200 cubic feet or more; or                 (3)     the balloon release was for a commercial purpose   and:                       (A)     the total weight of balloons released by the   actor, after deflation, is 200 pounds or more; or                       (B)     the total volume of balloons released by the   actor, after deflation, is 200 cubic feet or more.           (g)     Except as otherwise provided by this subsection, the   punishment for an offense under this section is increased to the   punishment prescribed for the next higher category of offense if it   is shown on the trial of the offense that the defendant has   previously been convicted of an offense under this section.   If an   offense under this section is punishable as a Class A misdemeanor,   the minimum term of confinement for the offense is increased to 180   days.           (h)     On conviction of an offense under this section, the   court shall require the defendant, in addition to the penalties   prescribed by this section, to perform community service as   provided by Article 42A.304(e), Code of Criminal Procedure.           (i)     Chapter 15, Penal Code, applies to an offense under this   section.           (j)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law, but not both.          SECTION 3.  Article 42A.304(e), Code of Criminal Procedure,   is amended to read as follows:          (e)  A defendant required to perform community service under   this article after conviction of an offense under Section 352.082,   Local Government Code, or Section 365.012, 365.013, [ or ] 365.016,   or 365.018, Health and Safety Code, shall perform the amount of   service ordered by the court, which may not exceed 60 hours.  The   community service must consist of picking up litter in the county in   which the defendant resides or working at a recycling facility if a   program for performing that type of service is available in the   community in which the court is located.  A court may credit the   amount of community service performed by a defendant under this   subsection toward any amount of community service the defendant is   ordered to perform under another provision of this code as a result   of the defendant's inability to pay a fine or cost imposed in the   judgment for the applicable offense.          SECTION 4.  This Act takes effect September 1, 2025.