What is litter?

According to the Texas DOT - Litter is trash that is not disposed of properly in a trash can. When it's in the can, it becomes garbage. Anywhere else, it's litter. Just to be clear, the following is definitely and undeniably LITTER:

Cigarette butts – they’re small but they’re a nuisance
Gum – c’mon, people
Apple cores – even though they’ll decompose
UFT – Unidentified Flying Trash that flies out of a car window or truck bed—accidentally or otherwise—is litter

The Texas Litter Abatement Act defines litter as:

Decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable material.

Nondecayable solid waste, except ashes, including: combustible material such as paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings and leaves, non-combustible solid waste such as glass, crockery, tin or aluminum cans, and metal furniture, discarded or worn out materials and machinery such as motor vehicles, motor vehicle parts, and old appliances.

Litter Barrels

There is only one place to legally throw your trash away on a Texas highway. Thats in a litter barrel. Look for rest area, picnic or a sign like this one to find a litter barrel.

Adopt-a-Highway

This program gives groups the opportunity to help their communities by adopting a two-mile stretch of highway for a minimum of two years, collecting litter and beautifying roadsides four times per year. This international program originated in Texas, where it remains one of the Lone Star State's most successful public-private initiatives. Your group's name is featured on an Adopt-a-Highway sign marking your adopted section. Adopt-a-Highway will provide your volunteers with appropriate permits, safety vests, litterbags, and safety training.

Fines and Penalties

According to the Texas Litter Abetement Act:

What are the penalties for littering in Texas? Who enforces these laws?
Littering is against the law and you can be fined up to $500 (as you may have seen on those blue Don't Mess with Texas signs). Repeat the offense, and you could face a fine of up to $2,000 and 180 days in jail.

It gets worse.

Discarding trash that weighs more than five pounds is considered illegal dumping and carries even steeper fines. In Texas, failing to cover your pickup-truck load is against the law and carries a fine of up to $200 for the first offense and $500 for repeat offenders.
Any law enforcement officer in Texas can enforce these laws. As a citizen, you can report offenses, too.

It is a Class C misdemeanor to illegally dispose of litter that weighs 15 pounds or less or has a volume of 13 gallons or less.

It is a Class B misdemeanor to illegally dispose of litter that weighs more than 15 pounds, but less than 500 pounds or has a volume of more than 13 gallons, but less than 100 cubic feet.

It is a Class A misdemeanor to illegally dispose of litter that weighs 500 pounds or more or has a volume of 100 cubic feet or more.

It is a Class A misdemeanor to illegally dispose of litter if it is for a commercial purpose and if the litter weighs more than 5 pounds or has a volume of more than 13 gallons.

If a person has been previously convicted of violating this Act, that person's punishment will be upgraded to the next highest category for any subsequent violation of this Act. For example, if a person has a prior conviction of a Class A misdemeanor, that person's punishment will be for a third-degree felony the next time he/she violates this Act.

Offenses Under the Texas Litter Abatement Act
Under the Texas Litter Abatement Act, it is illegal:

To dispose of, or allow someone else to dispose of litter at a place that is not a legal landfill.

To receive litter for the purpose of disposing it at a place that is not a legal landfill, regardless of whether the litter or the land on which the litter is to be disposed, belongs to or is controlled by the person.

To transport litter to a place that is not a legal landfill for the purpose of dumping.

Common Violations:

Throwing litter out of a car or boat.

Rolling junked cars into a river.

Hauling trash for profit and dumping it in any place that is not a legal landfill.

Letting someone else dump tires or any waste on your property, regardless of whether you gain financially from the activity.

Pouring used motor oil or restaurant grease into storm drains or down manhole covers.

Pouring motor oil on the ground.

Texas Department of Transportation's Report a Litterer Program

Real Texans like to get things done. And done right. That makes you the perfect person to help us spread the word on litter prevention. Whether you’re in school, part of a business or organization, or just like to keep things clean, there are countless ways to get involved. Find the one that’s right for you and show Texas some love.

While some Texans enjoy a hearty game of backyard washer toss, others prefer something far more sinister: the one-two trash toss from their car windows. We’re talking about cigarette butts, fast-food wrappers and the like. They’re small, but they’re still trash.

So what do you do when you see trash being tossed out of a car window or accidentally flying out of a truck bed? Instead of hog-tying the offender to your car, we suggest turning them in through the Texas Department of Transportation’s Report a Litterer Program.

When you see litter exit a vehicle, intentionally or accidentally, write down the following information — license plate number, make and color of vehicle, date and time, location, who tossed the litter and what was tossed. Now fill in below, be as accurate as possible and submit:

Texas license plate number (Texas plates only)
Make of vehicle
Time of day
Location
Date
Who tossed (driver, passenger or accidental)
What was tossed
TxDOT compares the information to our vehicle registration database and when an exact match is located, we send the litterer a Don't Mess with Texas litterbag along with a letter reminding them to keep their trash off of our roads.

And you can feel good about doing something to clean up our beloved Lone Star state.

Texas Trash-Off
The annual Don't Mess with Texas Trash-Off is one of the nation's largest single-day cleanups and hauls in an estimated 2 million pounds of litter from state roadsides and city streets. From airlifting abandoned cars to picking up tens of thousands of cigarette butts, the 2002 Texas Trash-Off volunteer team along with Adopt-a-Highway volunteers hit the roadsides and communities of the Lone Star State on April 6, 2002 to clean up after the 20 million residents of Texas.

Since 1986, when the Don't Mess with Texas Trash-Off launched as an event to encourage motorists to refrain from littering for one day, the Trash-Off has become one of the largest cleanup events of its kind in the nation. Thousands of volunteers give up their time every couple of years for their love of Texas, picking up more than 500 tons of litter each event. More than 1,700 Adopt-a-Highway groups and over 150 communities across the state take part in this Texas size event!

Be responsible for your own garbage:

Keep a litterbag in your vehicle, and use it.
Set an example for your neighbors, friends and children by putting your trash where it belongs.
Law enforcement personnel are not the only people who can put an end to littering and illegal dumping. Citizens can take an active role in putting an end to these crimes by teaming up with local officials.
Always dispose of your own litter properly. Never dump debris directly into a dumpster always place debris in bags and secure with twist ties before depositing.
Report any illegal dump sites to your local or county litter abatement or environmental health department.
Report to your local law enforcement agency license plate numbers of any vehicles you see transporting trash without a tarp (cover) or actively dumping trash or waste.
Do not transport unsecured debris in the back of your own vehicle. If it blows out, it becomes litter.
Spread the word to friends and neighbors that illegal dumping is a crime.
Write or call your local or county elected officials and let them know that litter and illegal dumping in your community are major concerns.
People are not as likely to litter an area that is clean. Organize volunteer cleanups of illegal dump sites and participate in volunteer programs such as Adopt-a-Highway, Adopt-a-Beach, and Keep Texas Beautiful.