Sec. 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, Sec. 8.161, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 3, eff. Sept. 1, 1993.
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