By Turner of Harris H.B. No. 631
77R10684 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fines for illegal dumping.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 365.012, Health and Safety Code, is
1-5 amended by amending Subsections (d)-(l) and adding Subsections (m)
1-6 and (n) to read as follows:
1-7 (d) An offense under this section is a Class C misdemeanor
1-8 if the litter or other solid waste to which the offense applies
1-9 weighs five [15] pounds or less or has a volume of five [13]
1-10 gallons or less.
1-11 (e) An offense under this section is a Class B misdemeanor
1-12 if the litter or other solid waste to which the offense applies
1-13 weighs more than five [15] pounds but less than 500 pounds or has a
1-14 volume of more than five [13] gallons but less than 100 cubic feet.
1-15 (f) An offense under this section is a Class A misdemeanor
1-16 if:
1-17 (1) the litter or other solid waste to which the
1-18 offense applies weighs 500 pounds or more but less than 1,000
1-19 pounds or has a volume of 100 cubic feet or more but less than 200
1-20 cubic feet; or
1-21 (2) the litter or other solid waste is disposed for a
1-22 commercial purpose and weighs more than five pounds but less than
1-23 200 pounds or has a volume of more than five [13] gallons but less
1-24 than 200 cubic feet.
2-1 (g) An offense under this section is a state jail felony if
2-2 the litter or solid waste to which the offense applies:
2-3 (1) weighs 1,000 pounds or more or has a volume of 200
2-4 cubic feet or more;
2-5 (2) is disposed of for a commercial purpose and weighs
2-6 200 pounds or more or has a volume of 200 cubic feet or more; or
2-7 (3) is contained in a closed barrel or drum.
2-8 (h) If it is shown on the trial of the defendant for an
2-9 offense under this section that the defendant has previously been
2-10 convicted of an offense under this section, the punishment for the
2-11 offense is increased to the punishment for the next highest
2-12 category.
2-13 (i) [(h)] On conviction for an offense under this section,
2-14 the court shall provide to the defendant written notice that a
2-15 subsequent conviction for an offense under this section may result
2-16 in the forfeiture under Chapter 59, Code of Criminal Procedure, of
2-17 the vehicle used by the defendant in committing the offense.
2-18 (j) [(i)] The offenses prescribed by this section include
2-19 the unauthorized disposal of litter or other solid waste in a
2-20 dumpster or similar receptacle.
2-21 (k) [(j)] This section does not apply to the temporary
2-22 storage for future disposal of litter or other solid waste by a
2-23 person on land owned by that person, or by that person's agent. The
2-24 commission by rule shall regulate temporary storage for future
2-25 disposal of litter or other solid waste by a person on land owned
2-26 by the person or the person's agent.
2-27 (l) [(k)] This section does not apply to an individual's
3-1 disposal of litter or other solid waste if:
3-2 (1) the litter or waste is generated on land the
3-3 individual owns;
3-4 (2) the litter or waste is not generated as a result
3-5 of an activity related to a commercial purpose;
3-6 (3) the disposal occurs on land the individual owns;
3-7 and
3-8 (4) the disposal is not for a commercial purpose.
3-9 (m) [(l)] A municipality or county may offer a reward of $50
3-10 for reporting a violation of this section that results in a
3-11 prosecution under this section.
3-12 (n) An offense under this section may be prosecuted without
3-13 alleging or proving any culpable mental state, unless the offense
3-14 is a state jail felony.
3-15 SECTION 2. (a) This Act takes effect September 1, 2001.
3-16 (b) The change in law made by this Act applies only to an
3-17 offense committed on or after September 1, 2001. For purposes of
3-18 this section, an offense is committed before September 1, 2001, if
3-19 any element of the offense occurs before that date.
3-20 (c) An offense committed before the effective date of this
3-21 Act is covered by the law in effect on the date the offense occurs,
3-22 and the former law is continued in effect for that purpose.