By Turner of Harris                                    H.B. No. 631
         77R2633 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to increasing 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     1,000 pounds or has a volume of more than five [13] gallons but
1-24     less 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 weighs 1,000
 2-3     pounds or more or has a volume of 200 cubic feet or more.
 2-4           (h)  If it is shown on the trial of the defendant for an
 2-5     offense under this section that the defendant has previously been
 2-6     convicted of an offense under this section, the punishment for the
 2-7     offense is increased to the punishment for the next highest
 2-8     category.
 2-9           (i) [(h)]  On conviction for an offense under this section,
2-10     the court shall provide to the defendant written notice that a
2-11     subsequent conviction for an offense under this section may result
2-12     in the forfeiture under Chapter 59, Code of Criminal Procedure, of
2-13     the vehicle used by the defendant in committing the offense.
2-14           (j) [(i)]  The offenses prescribed by this section include
2-15     the unauthorized disposal of litter or other solid waste in a
2-16     dumpster or similar receptacle.
2-17           (k) [(j)]  This section does not apply to the temporary
2-18     storage for future disposal of litter or other solid waste by a
2-19     person on land owned by that person, or by that person's agent. The
2-20     commission by rule shall regulate temporary storage for future
2-21     disposal of litter or other solid waste by a person on land owned
2-22     by the person or the person's agent.
2-23           (l) [(k)]  This section does not apply to an individual's
2-24     disposal of litter or other solid waste if:
2-25                 (1)  the litter or waste is generated on land the
2-26     individual owns;
2-27                 (2)  the litter or waste is not generated as a result
 3-1     of an activity related to a commercial purpose;
 3-2                 (3)  the disposal occurs on land the individual owns;
 3-3     and
 3-4                 (4)  the disposal is not for a commercial purpose.
 3-5           (m) [(l)]  A municipality or county may offer a reward of $50
 3-6     for reporting a violation of this section that results in a
 3-7     prosecution under this section.
 3-8           (n)  An offense under this section may be prosecuted without
 3-9     alleging or proving any culpable mental state.
3-10           SECTION 2. (a)  This Act takes effect September 1, 2001.
3-11           (b)  The change in law made by this Act applies only to an
3-12     offense committed on or after September 1, 2001. For purposes of
3-13     this section, an offense is committed before September 1, 2001, if
3-14     any element of the offense occurs before that date.
3-15           (c)  An offense committed before the effective date of this
3-16     Act is covered by the law in effect on the date the offense occurs,
3-17     and the former law is continued in effect for that purpose.