SRC-JBJ H.B. 1126 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1126
By: Rangel (Armbrister)
Criminal Justice
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Texas has experienced severe drought in the past few years which increases
the probability of wildfires. H.B. 1126 provides that a person commits a
misdemeanor offense if the person discards a lighted match, cigarette,
cigar, or other lighted material onto open-space land, a private or public
road or related right-of-ways, a public highway or its right-of-way, or
onto a railroad right-of-way.  

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 Chapter 28, Penal Code, by adding Section 28.09, as
follows: 

Sec. 28.09.  DISCARDING LIGHTED MATERIALS.  (a)  Provides that a person
commits an offense if the person discards a lighted match, lighted
cigarette or cigar, or other lighted material onto open-space land, onto a
private road or the right-of-way of a private road, onto a public highway
or other public road or the right-of-way of a public highway or other
public road, or onto a railroad right-of-way.  

(b)  Provides that except as provided by Subsection (c), an offense under
Subsection (a) is a misdemeanor punishable by a fine not to exceed $100. 

(c)  Provides that if a fire is ignited as the result of the commission of
an offense under Subsection (a) and the fire continues after ignition, an
offense under Subsection (a) is a misdemeanor punishable by a fine not to
exceed $500; confinement in jail for a term not to exceed 30 days; or both
the fine and confinement. 
 
(d)  Provides that it is an affirmative defense to prosecution under
Subsection (a) that the person discarded the lighted item or material in
connection with controlled burning the person was conducting in the area
into which the lighted item or material was discarded. 
 
(e)  Requires the operator of a public conveyance in which smoking tobacco
is allowed to post a copy of this section in a conspicuous place within the
portions of the public conveyance in which smoking is allowed.  
 
SECTION 2.  Effective date: September 1, 2001.