What is the purpose of this law? Is it a reaction to the spy balloon that flew over the country or environmental protection against balloon litter?
On Fri, May 9, 2025 at 12:13 PM Rick Cary via BVARC <[email protected]> wrote: > I have forwarded this to my state representative who is also an amateur > radio operator. Walter thanks for looking up the Maryland law, maybe this > will provide an amendment opportunity for the future Texas legislation. > Rick Cary > K5RBC > > Sent from my iPhone > > On May 9, 2025, at 11:42 AM, Walter Holmes via BVARC <[email protected]> > wrote: > > > > It’s terribly unfortunate, that the Texas bill doesn’t have this > information, already attached to the Maryland Balloon law. > > > > Sadly, I guess we just don’t have the same level of representation for > Amateur Radio in the state of Texas as they do in other states. :( > > > > Walter/K5WH > > > > *<image001.png>* > > > > > > Walter/K5WH > > > > *From:* BVARC <[email protected]> *On Behalf Of *Chris Medlin via > BVARC > *Sent:* Friday, May 9, 2025 9:58 AM > *To:* BRAZOS VALLEY AMATEUR RADIO CLUB <[email protected]> > *Cc:* Chris Medlin <[email protected]> > *Subject:* [BVARC] Balloon Release Bill Introduced in the Texas House > > > > 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 > ________________________________________________ > Brazos Valley Amateur Radio Club > > BVARC mailing list > [email protected] > http://mail.bvarc.org/mailman/listinfo/bvarc_bvarc.org > Publicly available archives are available here: > https://www.mail-archive.com/[email protected]/ > > ________________________________________________ > Brazos Valley Amateur Radio Club > > BVARC mailing list > [email protected] > http://mail.bvarc.org/mailman/listinfo/bvarc_bvarc.org > Publicly available archives are available here: > https://www.mail-archive.com/[email protected]/ >
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