Section 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.Tex. Health and Safety Code § 365.014
Amended By Acts 1993, 73rd Leg., ch. 740, Sec. 3, eff. 9/1/1993.Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161, eff. 9/1/1991