1-1  By:  Solis (Senate Sponsor - Truan)                   H.B. No. 1951
    1-2        (In the Senate - Received from the House May 13, 1993;
    1-3  May 14, 1993, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 25, 1993, reported favorably by
    1-5  the following vote:  Yeas 6, Nays 0; May 25, 1993, sent to
    1-6  printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker                                       x   
   1-12        Henderson          x                               
   1-13        Madla                                          x   
   1-14        Moncrief           x                               
   1-15        Patterson                                      x   
   1-16        Rosson             x                               
   1-17        Shapiro                                        x   
   1-18        Wentworth          x                               
   1-19        Whitmire                                       x   
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to illegal dumping; providing a criminal penalty.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 365.011, Health and Safety Code, is
   1-25  amended by adding Subdivision (9) to read as follows:
   1-26              (9)  "Solid waste" has the meaning assigned by Section
   1-27  361.003.
   1-28        SECTION 2.  Section 365.012, Health and Safety Code, is
   1-29  amended to read as follows:
   1-30        Sec. 365.012.  ILLEGAL DUMPING <Disposal of Litter>; Criminal
   1-31  Penalties.  (a)  A person commits an offense if the person disposes
   1-32  or allows or permits the disposal of litter or other solid waste at
   1-33  a place that is not an approved solid waste site, including a place
   1-34  on or within 300 feet of a public highway, on a right-of-way, on
   1-35  other public or private property, or into inland or coastal water
   1-36  of the state.
   1-37        (b)  A person commits an offense if the person receives
   1-38  litter or other solid waste for disposal at a place that is not an
   1-39  approved solid waste site, regardless of whether the litter or
   1-40  other solid waste or the land on which the litter or other solid
   1-41  waste is disposed is owned or controlled by the person.
   1-42        (c)  A person commits an offense if the person transports
   1-43  litter or other solid waste to a place that is not an approved
   1-44  solid waste site for disposal at the site.
   1-45        (d)  An offense under this section is a Class C misdemeanor
   1-46  if the litter or other solid waste to which the offense applies
   1-47  weighs 15 pounds or less or has a volume of 13 gallons or less.
   1-48        (e)  An offense under this section is a Class B misdemeanor
   1-49  if the litter or other solid waste to which the offense applies
   1-50  weighs more than 15 pounds but less than 500 pounds or has a volume
   1-51  of more than 13 gallons but less than 100 cubic feet.
   1-52        (f)  An offense under this section is a Class A misdemeanor
   1-53  if:
   1-54              (1)  the litter or other solid waste to which the
   1-55  offense applies weighs 500 pounds or more or has a volume of 100
   1-56  cubic feet or more; or
   1-57              (2)  the litter or other solid waste is disposed for a
   1-58  commercial purpose and weighs more than five pounds or has a volume
   1-59  of more than 13 gallons.
   1-60        (g)  If it is shown on the trial of the defendant for an
   1-61  offense under this section that the defendant has previously been
   1-62  convicted of an offense under this section, the punishment for the
   1-63  offense is increased to the punishment for the next highest
   1-64  category.
   1-65        (h)  A municipality or county may offer a reward of $50 for
   1-66  reporting a violation of this section that results in a prosecution
   1-67  under this section.
   1-68        (i)  The offenses prescribed by this section include the
    2-1  unauthorized disposal of litter or other solid waste in a dumpster
    2-2  or similar receptacle.
    2-3        (j)  This section does not apply to the disposal of, or
    2-4  temporary storage for future disposal of, litter or other solid
    2-5  waste by a person on land owned by that person, or by that person's
    2-6  agent.
    2-7        SECTION 3.  Sections 365.014(b) and (c), Health and Safety
    2-8  Code, are amended to read as follows:
    2-9        (b)  A person who dumps more than five pounds or 13 gallons
   2-10  of litter or other solid waste from a commercial vehicle in
   2-11  violation of this subchapter is presumed to be dumping the litter
   2-12  or other solid waste for a commercial purpose.
   2-13        (c)  It is an affirmative defense to prosecution under
   2-14  Section 365.012 that:
   2-15              (1)  the storage, processing, or disposal took place on
   2-16  land owned or leased by the defendant;
   2-17              (2)  the defendant received the litter or other solid
   2-18  waste from another person;
   2-19              (3)  the defendant, after exercising due diligence, did
   2-20  not know and reasonably could not have known that litter or other
   2-21  solid waste was involved; and
   2-22              (4)  the defendant did not receive, directly or
   2-23  indirectly, compensation for the receipt, storage, processing, or
   2-24  treatment.
   2-25        SECTION 4.  (a)  The change in law made by this Act applies
   2-26  only to an offense committed on or after the effective date of this
   2-27  Act.  For purposes of this section, an offense is committed before
   2-28  the effective date of this Act if any element of the offense occurs
   2-29  before that date.
   2-30        (b)  An offense committed before the effective date of this
   2-31  Act is covered by the law in effect when the offense was committed,
   2-32  and the former law is continued in effect for that purpose.
   2-33        SECTION 5.  This Act takes effect September 1, 1993.
   2-34        SECTION 6.  The importance of this legislation and the
   2-35  crowded condition of the calendars in both houses create an
   2-36  emergency and an imperative public necessity that the
   2-37  constitutional rule requiring bills to be read on three several
   2-38  days in each house be suspended, and this rule is hereby suspended.
   2-39                               * * * * *
   2-40                                                         Austin,
   2-41  Texas
   2-42                                                         May 25, 1993
   2-43  Hon. Bob Bullock
   2-44  President of the Senate
   2-45  Sir:
   2-46  We, your Committee on Intergovernmental Relations to which was
   2-47  referred H.B. No. 1951, have had the same under consideration, and
   2-48  I am instructed to report it back to the Senate with the
   2-49  recommendation that it do pass and be printed.
   2-50                                                         Armbrister,
   2-51  Chairman
   2-52                               * * * * *
   2-53                               WITNESSES
   2-54                                                  FOR   AGAINST  ON
   2-55  ___________________________________________________________________
   2-56  Name:  Jim Haley                                               x
   2-57  Representing:  TWC
   2-58  City:  Austin
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