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.