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.
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