HBA-SEP H.B. 1126 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1126 By: Rangel Criminal Jurisprudence 3/15/2001 Introduced BACKGROUND AND PURPOSE Texas has experienced severe drought in the past few years which increases the probability of wildfires. In an annual report to the Department of Insurance, 564 fire departments from throughout the state reported 39,770 "outside and other fires" for 1999. That same year, outside fires were the cause of 4 civilian fatalities, 22 fire service injuries, 104 civilian injuries, and property loss estimated at $14,866,819. Figures show that, while the origins of over 67 percent of outside fires in 1999 were unknown, almost 15 percent originated from either a match or cigarette. House Bill 1126 provides that a person commits a misdemeanor offense if the person discards a lighted match, cigarette, cigar, or other material onto openspaced land, a private road or its right-of-way, a public highway or road or its right-of-way, or onto a railroad right-of-way. 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 1126 amends the Penal Code to provide that a person commits a misdemeanor offense if the person discards a lighted match, cigarette, cigar, or other material onto open-spaced land, a private road or its right-of-way, a public highway or road or its right-of-way, or onto a railroad right-of-way. The offense is punishable by a fine not to exceed $100, confinement in jail for a term not to exceed 30 days, or both. The bill requires the operator of a public conveyance in which smoking tobacco is allowed to post a copy of this provision in a conspicuous place within the portions of the public conveyance in which smoking is allowed. EFFECTIVE DATE September 1, 2001.