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


Office of House Bill AnalysisH.B. 631
By: Turner, Sylvester
Environmental Regulation
3/1/2001
Introduced



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 current law penalizes those convicted of illegal dumping, several
communities in Texas have witnessed an increase in illegal dumping.  House
Bill 631 decreases the minimum weights of litter or other solid waste that
constitute the offense of illegal dumping and authorizes the prosecution of
an 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. The bill also authorizes prosecution of an illegal dumping
offense without alleging or proving any culpable mental state. 

EFFECTIVE DATE

September 1, 2001.