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
1-7 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
1-28 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
1-54 (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
1-65 (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
2-7 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
2-25 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 * * * * *
2-42 May 25, 1993
2-43 Hon. Bob Bullock
2-44 President of the Senate
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.
2-52 * * * * *
2-54 FOR AGAINST ON
2-56 Name: Jim Haley x
2-57 Representing: TWC
2-58 City: Austin