Re: [BVARC] Balloon Release Bill Introduced in the Texas House

Rick Cary via BVARC Fri, 09 May 2025 10:38:15 -0700

What is often discussed in livestock circles is the impact when a grazing animal ingests a balloon.

Rick

K5RBC

Sent from my iPhone

On May 9, 2025, at 12:21 PM, Ameenah007 <[email protected]> wrote:

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

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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
89 (R) HB 1904 - Introduced version - Bill Text
actor, after deflation, is 500 pounds or more but less than 1,000
capitol.texas.gov

73/Chris/AC5CM
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Re: [BVARC] Balloon Release Bill Introduced in the Texas House

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