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

89(R) HB 1904 - Engrossed version - Bill Text

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.