73R5573 MI-D
          By Solis                                              H.B. No. 1951
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to illegal dumping; providing a criminal penalty.
    1-4        SECTION 1.  Subchapter C, Chapter 365, Health and Safety
    1-5  Code, is amended by adding Section 365.035 to read as follows:
    1-6        Sec. 365.035.  ILLEGAL DUMPING.  (a)  A person commits an
    1-7  offense if the person transports any amount of litter or other
    1-8  solid waste produced outside the municipal boundaries of a
    1-9  municipality into the municipality and disposes of the litter or
   1-10  other solid waste at a municipal collecting location or a location
   1-11  that is not an approved solid waste disposal site.
   1-12        (b)  An offense under this section is a Class B misdemeanor.
   1-13  If it is shown at the trial of the defendant for an offense under
   1-14  this section that the defendant has previously been convicted of an
   1-15  offense under this section, the offense is punishable as a Class A
   1-16  misdemeanor.
   1-17        (c)  A municipality or county may offer a reward of $50 for
   1-18  reporting an act of illegal dumping that results in a prosecution
   1-19  under this section.
   1-20        (d)  In this section:
   1-21              (1)  "Litter" has the meaning assigned by Section
   1-22  365.011.
   1-23              (2)  "Municipal collecting location" means a location
   1-24  from which the municipality or another public or private entity
    2-1  collects municipal solid waste, including:
    2-2                    (A)  residential and commercial curbside
    2-3  collection sites; and
    2-4                    (B)  residential or commercial receptacles that
    2-5  are specifically designed and used to hold municipal solid waste
    2-6  before collection for disposal.
    2-7              (3)  "Solid waste" has the meaning assigned by Section
    2-8  361.003.
    2-9        SECTION 2.  Subdivisions (1) and (2), Article 59.01, Code of
   2-10  Criminal Procedure, are amended to read as follows:
   2-11              (1)  "Attorney representing the state" means the
   2-12  prosecutor with felony jurisdiction in the county in which a
   2-13  forfeiture proceeding is held under this chapter or, in a
   2-14  proceeding for forfeiture of contraband as defined  under
   2-15  Subdivision (2)(B)(iv) of this article, the prosecuting attorney
   2-16  bringing the action under Section 365.035, Health and Safety Code.
   2-17              (2)  "Contraband" means property of any nature,
   2-18  including real, personal, tangible, or intangible, that is:
   2-19                    (A)  used in the commission of:
   2-20                          (i)  any first or second degree felony
   2-21  under the Penal Code;
   2-22                          (ii)  any felony under Chapters 29, 30, 31,
   2-23  or 32, Penal Code; or
   2-24                          (iii)  any felony under The Securities Act
   2-25  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
   2-26                    (B)  used or intended to be used in the
   2-27  commission of:
    3-1                          (i)  any felony under Chapter 481, Health
    3-2  and Safety Code (Texas Controlled Substances Act);
    3-3                          (ii)  any felony under Chapter 483, Health
    3-4  and Safety Code; <or>
    3-5                          (iii)  a felony under Article 350, Revised
    3-6  Statutes; or
    3-7                          (iv)  a Class A misdemeanor under Section
    3-8  365.035, Health and Safety Code;
    3-9                    (C)  the proceeds gained from the commission of a
   3-10  felony listed in Paragraph (A) or (B) of this subdivision; or
   3-11                    (D)  acquired with proceeds gained from the
   3-12  commission of a felony listed in Paragraph (A) or (B) of this
   3-13  subdivision.
   3-14        SECTION 3.  (a)  The change in law made by this Act applies
   3-15  only to an offense committed on or after the effective date of this
   3-16  Act.  For purposes of this section, an offense is committed before
   3-17  the effective date of this Act if any element of the offense occurs
   3-18  before that date.
   3-19        (b)  An offense committed before the effective date of this
   3-20  Act is covered by the law in effect when the offense was committed,
   3-21  and the former law is continued in effect for that purpose.
   3-22        SECTION 4.  This Act takes effect September 1, 1993.
   3-23        SECTION 5.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.
    4-1                       COMMITTEE AMENDMENT NO. 1
    4-2  Amend H.B. No. 1951 as follows:
    4-3        (1)  On page 1, strike lines 6-11 and substitute the
    4-4  following:
    4-5        "Sec. 365.035.  ILLEGAL DUMPING.  (a)  A person commits an
    4-6  offense if the person transports litter or other solid waste and
    4-7  disposes of or deposits the litter or other solid waste, in either
    4-8  a municipality or the unincorporated area of a county, at:
    4-9        (1)  a municipal solid waste collecting location, unless the
   4-10  person has the specific written authorization of the owner of the
   4-11  municipal solid waste collecting location or the owner's agent; or
   4-12        (2)  a location that is not an approved solid waste disposal
   4-13  site.".
   4-14        (2)  On page 1, line 23, between "Municipal" and
   4-15  "collecting", insert "solid waste".
   4-16        (3)  On page 1, line 24, between "municipality" and "or",
   4-17  insert ", county,".
   4-18        (4)  Strike SECTION 2 of the bill in its entirety.
   4-19        (5)  Renumber subsequent sections of the bill appropriately.
   4-20                                                              Kuempel