HBA-AMW H.B. 631 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 631
By: Turner, Sylvester
Environmental Regulation
7/19/2001
Enrolled



BACKGROUND 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 penalties existed prior to the 77th Legislature for those
convicted of illegal dumping, several communities in Texas had witnessed an
increase in illegal dumping.  House Bill 631 decreases the minimum weights
of litter or other solid waste used to determine whether an act constitutes
an illegal dumping offense and authorizes the prosecution of a misdemeanor
offense without alleging or proving any culpable mental state. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 631 amends the Health and Safety Code to increase the penalties
for illegal dumping.  The bill modifies the standards for misdemeanor
offenses by decreasing the weight and volume limitations for litter or
other solid waste that is illegally dumped.  The bill provides that illegal
dumping is a state jail felony if the litter or solid waste that is
illegally dumped weighs 1,000 pounds or more or has a volume of 200 cubic
feet or more, is disposed of for a commercial purpose and weighs 200 pounds
or more or has a volume of 200 cubic feet or more, or is contained in a
closed barrel or drum. The bill specifies that a generator of solid waste
creates a rebuttable presumption of lack of culpable mental state if the
generator secures, prior to the hauler's receipt of the solid waste, a
signed statement from the hauler that the solid waste will be disposed of
legally.  The bill requires the statement to include the hauler's valid
Texas driver's license number.  The bill also authorizes prosecution of an
illegal dumping misdemeanor offense without alleging or proving any
culpable mental state, unless the offense is a state jail felony. 

EFFECTIVE DATE

September 1, 2001.