H.B. No. 1904 introduces new regulations regarding the release of balloons and establishes associated penalties for littering. The bill amends Section 365.011 of the Health and Safety Code by adding a definition for "balloon" as an inflatable bag made of Mylar and expands the definition of "litter" to include balloons among other nondecayable solid waste materials. Additionally, a new section, 365.018, is added to outline the criminal offense of intentionally releasing a balloon inflated with lighter-than-air gas outside a roofed structure. Exceptions are provided for balloons released for scientific or meteorological purposes and for hot air balloons that are recovered after launching.

The bill categorizes offenses based on the weight and volume of balloons released, with penalties ranging from a Class C misdemeanor for smaller releases to a state jail felony for larger quantities. It also stipulates that repeat offenders may face increased penalties and mandates community service for those convicted under this section. Furthermore, the bill amends Article 42A.304(e) of the Code of Criminal Procedure to include Section 365.018, ensuring that community service requirements apply to those convicted of this new offense. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 365.011 (Health and Safety Code 365)
House Committee Report: Health and Safety Code 365.011 (Health and Safety Code 365)
Engrossed: Health and Safety Code 365.011 (Health and Safety Code 365)