IANAL, TINLA, but:
I don't think this covers our use case. The phrasing specifically says
'on behalf of a governmental agency or under a governmental contract'.
It does not make an exception for *all* scientific and meteorological
purposes, just those under government employ/contract.
We don't work on behalf of the FCC. We work under permission of the FCC.
Unless the FCC (or another government agency) has contracted you to
handle the balloon, or employed you to deploy the balloon, it would not
be a granted exception under that clause.
I think if you got arrested for violating this law, and your defense was
that you were justified under that clause, you would be convicted.
Best,
Fox
On 5/9/25 09:58, Chris Medlin via BVARC wrote:
I wanted to get out ahead of this and share before it's spun up in the
news and everyone jumps to conclusions...
Texas HB 1904 has been introduced in the House. A Class C misdemeanor
for intentional release of balloons into the air.
BUT.. There is an exception buried within that I have highlighted (and
between asterisks in case your email client doesnt provide the
formatting). So because ham radio activities fall within that
emergency services communications and often times
scientific/experimental umbrellas, the local High Altitude Balloon
groups should be fine. For example, I know that NOAA tracks the higher
altitude balloons to learn wind currents above the jet stream. So I
dont think Walter and his crew would need to worry too much about this
bill if it were to fully pass into law.
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._
89(R) HB 1904 - Introduced version - Bill Text
<https://capitol.texas.gov/tlodocs/89R/billtext/html/HB01904I.htm>
89 (R) HB 1904 - Introduced version - Bill Text
<https://capitol.texas.gov/tlodocs/89R/billtext/html/HB01904I.htm>
actor, after deflation, is 500 pounds or more but less than 1,000
capitol.texas.gov
73/Chris/AC5CM
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________________________________________________
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[email protected]
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Publicly available archives are available here:
https://www.mail-archive.com/[email protected]/
