H.B. No. 1951
1-1 AN ACT
1-2 relating to illegal dumping; providing a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 365.011, Health and Safety Code, is
1-5 amended by adding Subdivision (9) to read as follows:
1-6 (9) "Solid waste" has the meaning assigned by Section
1-8 SECTION 2. Section 365.012, Health and Safety Code, is
1-9 amended to read as follows:
1-10 Sec. 365.012. ILLEGAL DUMPING <
Disposal of Litter>; Criminal
1-11 Penalties. (a) A person commits an offense if the person disposes
1-12 or allows or permits the disposal of litter or other solid waste at
1-13 a place that is not an approved solid waste site, including a place
1-14 on or within 300 feet of a public highway, on a right-of-way, on
1-15 other public or private property, or into inland or coastal water
1-16 of the state.
1-17 (b) A person commits an offense if the person receives
1-18 litter or other solid waste for disposal at a place that is not an
1-19 approved solid waste site, regardless of whether the litter or
1-20 other solid waste or the land on which the litter or other solid
1-21 waste is disposed is owned or controlled by the person.
1-22 (c) A person commits an offense if the person transports
1-23 litter or other solid waste to a place that is not an approved
1-24 solid waste site for disposal at the site.
2-1 (d) An offense under this section is a Class C misdemeanor
2-2 if the litter or other solid waste to which the offense applies
2-3 weighs 15 pounds or less or has a volume of 13 gallons or less.
2-4 (e) An offense under this section is a Class B misdemeanor
2-5 if the litter or other solid waste to which the offense applies
2-6 weighs more than 15 pounds but less than 500 pounds or has a volume
2-7 of more than 13 gallons but less than 100 cubic feet.
2-8 (f) An offense under this section is a Class A misdemeanor
2-10 (1) the litter or other solid waste to which the
2-11 offense applies weighs 500 pounds or more or has a volume of 100
2-12 cubic feet or more; or
2-13 (2) the litter or other solid waste is disposed for a
2-14 commercial purpose and weighs more than five pounds or has a volume
2-15 of more than 13 gallons.
2-16 (g) If it is shown on the trial of the defendant for an
2-17 offense under this section that the defendant has previously been
2-18 convicted of an offense under this section, the punishment for the
2-19 offense is increased to the punishment for the next highest
2-21 (h) A municipality or county may offer a reward of $50 for
2-22 reporting a violation of this section that results in a prosecution
2-23 under this section.
2-24 (i) The offenses prescribed by this section include the
2-25 unauthorized disposal of litter or other solid waste in a dumpster
2-26 or similar receptacle.
2-27 (j) This section does not apply to the disposal of, or
3-1 temporary storage for future disposal of, litter or other solid
3-2 waste by a person on land owned by that person, or by that person's
3-4 SECTION 3. Sections 365.014(b) and (c), Health and Safety
3-5 Code, are amended to read as follows:
3-6 (b) A person who dumps more than five pounds or 13 gallons
3-7 of litter or other solid waste from a commercial vehicle in
3-8 violation of this subchapter is presumed to be dumping the litter
3-9 or other solid waste for a commercial purpose.
3-10 (c) It is an affirmative defense to prosecution under
3-11 Section 365.012 that:
3-12 (1) the storage, processing, or disposal took place on
3-13 land owned or leased by the defendant;
3-14 (2) the defendant received the litter or other solid
3-15 waste from another person;
3-16 (3) the defendant, after exercising due diligence, did
3-17 not know and reasonably could not have known that litter or other
3-18 solid waste was involved; and
3-19 (4) the defendant did not receive, directly or
3-20 indirectly, compensation for the receipt, storage, processing, or
3-22 SECTION 4. (a) The change in law made by this Act applies
3-23 only to an offense committed on or after the effective date of this
3-24 Act. For purposes of this section, an offense is committed before
3-25 the effective date of this Act if any element of the offense occurs
3-26 before that date.
3-27 (b) An offense committed before the effective date of this
4-1 Act is covered by the law in effect when the offense was committed,
4-2 and the former law is continued in effect for that purpose.
4-3 SECTION 5. This Act takes effect September 1, 1993.
4-4 SECTION 6. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.