By Allen                                              H.B. No. 1380
       74R3156 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to penalties for illegal dumping and rewards for reporting
    1-3  illegal dumping.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 365.012, Health and Safety Code, is
    1-6  amended by amending Subsections (d), (e), (f), and (g) and by
    1-7  adding Subsection (l) to read as follows:
    1-8        (d)  An offense under this section is a <Class C> misdemeanor
    1-9  punishable by a fine of not less than $500 or more than $1,000 if
   1-10  the litter or other solid waste to which the offense applies weighs
   1-11  15 pounds or less or has a volume of 13 gallons or less.
   1-12        (e)  An offense under this section is a <Class B> misdemeanor
   1-13  punishable by a fine of not less than $500 or more than $2,500,
   1-14  confinement in jail for a term not to exceed 180 days, or both the
   1-15  fine and confinement if the litter or other solid waste to which
   1-16  the offense applies weighs more than 15 pounds but less than 500
   1-17  pounds or has a volume of more than 13 gallons but less than 100
   1-18  cubic feet.
   1-19        (f)  An offense under this section is a <Class A> misdemeanor
   1-20  punishable by a fine of not less than $500 or more than $4,500,
   1-21  confinement in jail for a term not to exceed one year, or both the
   1-22  fine and confinement if:
   1-23              (1)  the litter or other solid waste to which the
   1-24  offense applies weighs 500 pounds or more or has a volume of 100
    2-1  cubic feet or more; or
    2-2              (2)  the litter or other solid waste is disposed for a
    2-3  commercial purpose and weighs more than five pounds or has a volume
    2-4  of more than 13 gallons.
    2-5        (g)  If it is shown on the trial of the defendant for an
    2-6  offense under this section that the defendant has previously been
    2-7  convicted of an offense under this section:
    2-8              (1)  the punishment for an offense under Subsection (d)
    2-9  is increased to:
   2-10                    (A)  a fine of not less than $500 or more than
   2-11  $2,500;
   2-12                    (B)  confinement in jail for a term not to exceed
   2-13  180 days; or
   2-14                    (C)  both the fine and confinement;
   2-15              (2)  the punishment for an offense under Subsection (e)
   2-16  is increased to:
   2-17                    (A)  a fine of not less than $500 or more than
   2-18  $4,500;
   2-19                    (B)  confinement in jail for a term not to exceed
   2-20  one year; or
   2-21                    (C)  both the fine and confinement; and
   2-22              (3)  the punishment for an offense under Subsection (f)
   2-23  is a state jail felony punishable by:
   2-24                    (A)  a fine of not less than $500 or more than
   2-25  $10,500;
   2-26                    (B)  confinement in jail for a term of not more
   2-27  than two years or less than 180 days; or
    3-1                    (C)  both the fine and confinement<, the
    3-2  punishment for the offense is increased to the punishment for the
    3-3  next highest category>.
    3-4        (l)  A county shall deposit a fine imposed under this section
    3-5  and collected from a defendant into a separate account in the
    3-6  county general fund.  Money in the account may be used only to pay
    3-7  rewards for information as provided by Subsection (k), to advertise
    3-8  the reward program, or to administer the reward program and
    3-9  account.  At the end of the county's fiscal year, money in the
   3-10  account may be transferred to the county general fund and used for
   3-11  any purpose.
   3-12        SECTION 2.  Section 365.012(h), Health and Safety Code, as
   3-13  added by Section 2, Chapter 740, Acts of the 73rd Legislature,
   3-14  Regular Session, 1993, is redesignated as Subsection (k) and
   3-15  amended to read as follows:
   3-16        (k) <(h)>  A <municipality or> county shall <may> offer a
   3-17  reward of $250 <$50> for reporting a violation of this section that
   3-18  results in a prosecution and conviction under this section.  A
   3-19  municipality may offer a reward of $50 for reporting a violation of
   3-20  this section that results in a prosecution under this section.
   3-21        SECTION 3.  (a)  The change in law made by Section 1 of this
   3-22  Act applies only to an offense committed on or after the effective
   3-23  date of this Act.  For purposes of this subsection, an offense is
   3-24  committed before the effective date of this Act if any element of
   3-25  the offense occurs before that date.  An offense committed before
   3-26  the effective date of this Act is covered by the law in effect when
   3-27  the offense was committed, and the former law is continued in
    4-1  effect for this purpose.
    4-2        (b)  A county required to offer a reward for a violation of
    4-3  Section 365.012, Health and Safety Code, as amended by this Act, is
    4-4  required to offer a reward only for information regarding a
    4-5  violation of that section that occurs on or after the effective
    4-6  date of this Act.  For purposes of this subsection, a violation
    4-7  occurs on or after the effective date of this Act if all elements
    4-8  of the violation occur on or after that date.
    4-9        SECTION 4.  This Act takes effect September 1, 1995.
   4-10        SECTION 5.  The importance of this legislation and the
   4-11  crowded condition of the calendars in both houses create an
   4-12  emergency and an imperative public necessity that the
   4-13  constitutional rule requiring bills to be read on three several
   4-14  days in each house be suspended, and this rule is hereby suspended.