Somehow I suspect that Bill is to ban memorial type balloon releases of mylar or latex balloons by groups or individuals.
73... Scott KD5FBA On Fri, May 9, 2025, 9:59 AM Chris Medlin via BVARC <[email protected]> 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 > ________________________________________________ > 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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