SRC-MWN H.B. 631 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 631
77R10684 EBy: Turner, Sylvester (Whitmire)
Natural Resources
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Illegal dumping, or the disposal of litter and solid waste in an
unpermitted area, raises concerns regarding risks to public health and
safety, decreasing property values, and diminishing quality of life.
Although current law penalizes those convicted of illegal dumping, several
communities in Texas have witnessed an increase in illegal dumping. H.B.
631 decreases the minimum weights of litter or other solid waste that
constitute certain offenses of illegal dumping and authorizes the
prosecution of a misdemeanor offense without alleging or proving any
culpable mental state.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 365.012, Health and Safety Code, by amending
Subsections (d)-(l) and adding Subsections (m) and (n), as follows: 

(d) Provides that an offense under this section is a Class C misdemeanor if
the litter or other solid waste to which the offense applies weighs more
than five, rather than 15, pounds or has a volume of more than five, rather
than 13, gallons. 

 (e) Makes conforming changes.

(f) Sets forth that an offense under this section is a Class A misdemeanor
if certain conditions exit. 

(g) Sets forth that an offense under this section is a state jail felony if
the litter or solid waste to which the offense applies meets certain
conditions. 

 (m) Created from existing text.

(n) Authorizes an offense under this section to be prosecuted without
alleging or proving any culpable mental state, unless the offense is a
state jail felony. 

SECTION 2. Effective date: September 1, 2001.

(b) Provides that the change in law made by this Act applies only to an
offense committed on or after September 1, 2001. Provides that an offense
is committed before September 1, 2001, if any element of the offense occurs
before that date. 

  (c) Makes application of this Act prospective.