Sec. 17.29. MISUSING CONTAINER; EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP

1. (a) In this section, unless the context requires a different definition, "container" also includes drink-dispensing fountain.

2. (b) Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner's written permission) agrees, no person may

   1. (1) fill the container for sale or other commercial purpose;
   2. (2) deface, cover up, or remove the proprietary mark from the container; or
   3. (3) refuse to return the container to the owner if he requests its return.

3. (c) A person's wilful

   1. (1) possession of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section;
   2. (2) use, purchase, sale, or other disposition of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section; and
   3. (3) breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section.
4. (d) In an action in which the ownership of a reusable container is in issue, a person's proprietary mark on the container is prima facie evidence that the person or his licensee owns the container.

5. (e) A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by

   1. (1) a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain; or
   2. (2) a fine of not less than $5 nor more than $10 for each violation concerning any other container.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.