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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) This subchapter does not apply to farmers:
(1) in handling anything necessary to grow, handle, and care for livestock; or
(2) in erecting, operating, and maintaining improvements necessary to handle, thresh, and prepare agricultural products or for conservation projects.
(b) A person who dumps more than five pounds or 13 gallons of litter or other solid waste from a commercial vehicle in violation of this subchapter is presumed to be dumping the litter or other solid waste for a commercial purpose.
(c) It is an affirmative defense to prosecution under Section 365.012 that:
(1) the storage, processing, or disposal took place on land owned or leased by the defendant;
(2) the defendant received the litter or other solid waste from another person;
(3) the defendant, after exercising due diligence, did not know and reasonably could not have known that litter or other solid waste was involved; and
(4) the defendant did not receive, directly or indirectly, compensation for the receipt, storage, processing, or treatment.
Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 365.014. Application of Subchapter; Defenses; Presumptions - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-365-014/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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