Tex. Health and Safety Code § 365.014
APPLICATION OF SUBCHAPTER; DEFENSES; PRESUMPTIONS
Texas · Texas Health and Safety Code · Status: effective
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- Citation
- Tex. Health and Safety Code § 365.014, APPLICATION OF SUBCHAPTER; DEFENSES; PRESUMPTIONS, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/672201
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Full text
(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.