Balloon Release Laws: An Overview
Balloon release laws exist in many states across the country as a means to prevent environmental pollution and protect natural resources. The general concept of balloon release laws is that they prohibit the intentional release of balloons into the atmosphere. This is because when a balloon is released, it doesn’t just disappear. Instead, it eventually drifts back to Earth, sometimes miles from the original release point, landing on soil, in a body of water , or in an animal’s habitat. So, to protect our natural resources, wildlife and waterways from unnecessary pollution caused by released balloons, many states have made it illegal to intentionally release a balloon.
These balloon release laws vary in scope from state to state. In Texas, the law outlawed the intentional release of 10 or more balloons. However, pursuant to House Bill 4440 (effective September 1, 2023), the new law will outlaw the intentional release of just 1 balloon.
Texas Balloon Release Laws
As with every state, unfortunately, Texas has laws that impact the balloon industry. Texas has a law that governs and restricts how balloons can be released into the atmosphere. The Texas Balloon Law states:
Bill No.: S.B. 565 Relating to the prohibition of the release of certain balloons. Responsible Committee: Natural Resource On February 17, 1993, 73rd Legislature, S.B. No. 565, C.S.H.B. No. 1280 was signed into law and codified by amendment in Chapter 423, of the Texas Health and Safety Code. (Act of May 30, 1993, Ch. 887 Sec. 1, 73rd Legislature) As amended, Sec. 423.002 (a) No person may intentionally or knowingly release, or allow to be released, more than five balloons per year into the atmosphere from a fixed point on the ground or water. (b) A person who violates this chapter shall be fined not less than $25 or more than $500 for each balloon. Therefore, in accordance with Texas law, each business, organization or individual that releases or allows to be released, in a twenty-four hour period from a fixed point on the ground or in the water, more than five (5) balloons shall be fined between $25 – $500 per balloon that exceeds the limit of five (5) balloons.
Environmental Concerns of Balloon Releases
The environmental impact of balloon releases has come to the forefront in recent years due to social media campaigns and online awareness. A large number of studies have shown that balloons do not decompose naturally when released and instead can float for months until they fall to the ground or into the ocean, where they are often ingested by marine animals. A researcher at the University of Queensland in Australia found that although a release of helium-filled balloons may not seem like a lot of waste, when added up over time and compared with other forms of plastic pollution, balloon waste shows "a highly significant negative relationship" on marine wildlife. It is also widely acknowledged by experts in the field, though difficult to quantify due to inadequate reporting, that balloons are the leading cause of marine debris-related death in marine mammals.
In Texas, an example of improper balloon disposal was reported by The Center for Disease Control and Prevention (CDC) in June 2000 when a juvenile hippopotamus cut his gum on a balloon that released by a company during an event at the Lake Livingston State Park. Disco, as the hippo was named, died eight days later during surgery to remove the balloon. In light of studies, and in light of Disco’s death, a common perception is that balloon releases are a threat to wildlife.
Accordingly, the fact that Texas’s balloon release laws were enacted, in part, "to protect wildlife" indicates the state’s concern with the environmental effects of unregulated balloon releases.
Legal Consequences of Balloon Release Violations
Violation of the Texas balloon release law by a person or organization can result in civil administrative penalties not to exceed $100 in value per offense. Violations also may be referred to the appropriate prosecuting district attorney who may choose to pursue penalties. That authority may impose criminal sanctions which vary based upon the phase of the offense. A company found in violation of the law a first time is subject to a fine of not less than $10 and not more than $100. A second offense is subject to at least $25 and up to $250, a third offense is $50 and up to $500, and a fourth and subsequent offense results in a fine of at least $100 and up to $1,000. Repeated offenses may also be prosecuted as a Class C misdemeanor, punishable by a maximum 30 days in jail or a fine up to $500.
Laws regarding the release of nonbiodegradable balloons may reflect a growing concern over littering and environmental pollution. In addition to the release of nonbiodegradable balloons, released balloon strings are of particular concern, especially to ocean and marine wildlife and even to livestock. Organizations that may be particularly affected by balloon release laws are the noncommercial community (nonprofit) or charitable organizations. These groups often use balloon releases as promotional strategies to garner attention for a particular cause. However, potential legal penalties should be weighed with the balloon release’s ability to attract public interest for a cause.
Alternatives to Balloon Releases
The good news is that there are a large number of eco-friendly and legal alternatives to a balloon release. In fact, according to the Surfrider Foundation, a nationwide non-profit , there are at least 10 alternatives to a balloon release (and we’ve added a couple to that list):
Bubbles
Plant a Tree
White Doves
Butterflies
Blowing Kisses
Plant a Garden
Native Wildflowers
Plant Vegetables and Herbs
Plant a Tree in a National Park
Fly a Child’s Kite
You can also encourage guests to make contributions to a charity in lieu of a balloon release. There are many organizations dedicated to cleaning up our planet and protecting it from the harms of litter.
How to Comply with Balloon Release Laws
If an organization wishes to host a balloon release event in Texas, it is important that the organization does the following:
• It is important not to participate in illegal activity.
• The organization should use biodegradable, natural rubber latex balloons and environmentally-friendly products to fill them. When releasing balloons, they must be done so without strings or other plastic attachments.
• Because Texas’s Balloon Release Law allows participation and grant of immunity to individuals who have been hired by a governmental entity to release balloons as part of a permitted special event, the event organizer should solicit governmental entities and/or seek permit(s) from governmental authorities and/or agencies that may be responsible for permitting the release of balloons in a public space.
• An organization should frequently check the Texas Attorney General website to see if it has issued any opinions regarding the Balloon Release Law.
• It is important for the organization to be familiar with all local ordinances, rules, regulations, and permitting requirements as they pertain to the release of balloons.
• Make sure attendees and volunteers are properly trained in balloon release best practices. Consider providing a handout with tips on how to limit environmental impact and a small biodegradable basket for holding filled balloons before the event.
Public Education and Advocacy
Balloon releases have come under scrutiny as one of many forms of litter that can have a harmful effect on the environment. A number of organizations across the U.S. are currently involved in educational campaigns aimed at increasing public awareness of the effects of balloon releases. As of February 2018, The Balloon Waste Reduction Network, an organization based in Pennsylvania, has reported that more than 2,040 communities have passed or enacted bans on balloon releases. Organizations currently leading campaigns against balloon release include:
• Balloons Blow, a Florida-based organization that encourages the public to reduce waste by always popping and properly disposing of balloons.
• Don’t Let Go of My Balloon , a campaign started by a group of students attending the University of Texas at Austin to raise awareness of the adverse effects of environmental balloon litter. YouTube video: No More Balloons (featured on Instagram and Twitter @UTNoMoreBalloons).
• International Ocean Conservancy, which holds an annual Ocean Conservancy International Coastal Cleanup to clean up trash and debris from coastlines around the world. Balloons are one of the top ten types of items collected during the event.
• The Ocean Cleanup, a non-profit organization dedicated to developing advanced technologies to extract plastic pollution from the oceans, recently launched a campaign called Betrayal by Balloons, which encourages public support of the organization’s efforts to keep global oceans clean.