SRC-TNM S.B. 1560 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1560
By: Wentworth
State Affairs
5-5-97
As Filed


DIGEST 

Currently, Section 365.012, Health and Safety Code, creates an offense and
imposes criminal penalties for illegal dumping.  However, the dumping of
household trash at rest stops and along highways continues unabated.  H.B.
2503, passed in the 74th Legislative Session, granted "citizen citation
power" to volunteers to address enforcement problems relating to
unauthorized parking in handicapped spaces.  This program has been
successful in finding and training volunteers, issuing tickets without
incident, and collecting fines.  S.B. 1560 would establish a citizen
citation program to help enforce the Litter Abatement Act, and reduce
dumping of household trash at roadside parks and rest areas.  This bill
would also allow a political subdivision to grant authority to an
appointed and trained person to file charges against violaters of Section
365.012 of the  Texas Litter Abatement Act.   

PURPOSE

As proposed, S.B. 1560 outlines provisions regarding the appointment of
citizens by a political subdivision in the enforcement of the Texas Litter
Abatement Act.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 365B, Health and Safety Code, by adding Section
365.0121, as follows: 

Sec. 365.0121. ENFORCEMENT BY CERTAIN APPOINTED PERSONS. Authorizes a
political subdivision to appoint a person to have authority to file a
charge against a person who commits an offense under Section 365.012 by
disposing of household waste by placing the waste at a roadside park.
Sets forth requirements and provisions regarding a person appointed under
this section.  Provides that the political subdivision and the state are
not liable for any damage arising from an act or omission of a person
appointed under Subsection (a) in performing duties under this section.
Defines "roadside park." 

SECTION 2. Emergency clause.
  Effective date: upon passage.