Texas Health & Safety Code - Section 365.014. Application Of Subchapter; Defenses; Presumptions
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§ 365.014. APPLICATION OF SUBCHAPTER; DEFENSES;
PRESUMPTIONS. (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.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 8.161, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, § 3, eff. Sept. 1,
1993.
Section: 365.002 365.003 365.004 365.005 365.011 365.012 365.013 365.014 365.015 365.016 365.017 365.031 365.032 365.033 365.034
Last modified: August 11, 2007
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