1-1 By: Turner of Harris (Senate Sponsor - Whitmire) H.B. No. 631
1-2 (In the Senate - Received from the House April 11, 2001;
1-3 April 17, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 11, 2001, reported favorably by the
1-5 following vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to fines for illegal dumping.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 365.012, Health and Safety Code, is
1-11 amended by amending Subsections (d)-(l) and adding Subsections (m)
1-12 and (n) to read as follows:
1-13 (d) An offense under this section is a Class C misdemeanor
1-14 if the litter or other solid waste to which the offense applies
1-15 weighs five [15] pounds or less or has a volume of five [13]
1-16 gallons or less.
1-17 (e) An offense under this section is a Class B misdemeanor
1-18 if the litter or other solid waste to which the offense applies
1-19 weighs more than five [15] pounds but less than 500 pounds or has a
1-20 volume of more than five [13] gallons but less than 100 cubic feet.
1-21 (f) An offense under this section is a Class A misdemeanor
1-22 if:
1-23 (1) the litter or other solid waste to which the
1-24 offense applies weighs 500 pounds or more but less than 1,000
1-25 pounds or has a volume of 100 cubic feet or more but less than 200
1-26 cubic feet; or
1-27 (2) the litter or other solid waste is disposed for a
1-28 commercial purpose and weighs more than five pounds but less than
1-29 200 pounds or has a volume of more than five [13] gallons but less
1-30 than 200 cubic feet.
1-31 (g) An offense under this section is a state jail felony if
1-32 the litter or solid waste to which the offense applies:
1-33 (1) weighs 1,000 pounds or more or has a volume of 200
1-34 cubic feet or more;
1-35 (2) is disposed of for a commercial purpose and weighs
1-36 200 pounds or more or has a volume of 200 cubic feet or more; or
1-37 (3) is contained in a closed barrel or drum.
1-38 (h) If it is shown on the trial of the defendant for an
1-39 offense under this section that the defendant has previously been
1-40 convicted of an offense under this section, the punishment for the
1-41 offense is increased to the punishment for the next highest
1-42 category.
1-43 (i) [(h)] On conviction for an offense under this section,
1-44 the court shall provide to the defendant written notice that a
1-45 subsequent conviction for an offense under this section may result
1-46 in the forfeiture under Chapter 59, Code of Criminal Procedure, of
1-47 the vehicle used by the defendant in committing the offense.
1-48 (j) [(i)] The offenses prescribed by this section include
1-49 the unauthorized disposal of litter or other solid waste in a
1-50 dumpster or similar receptacle.
1-51 (k) [(j)] This section does not apply to the temporary
1-52 storage for future disposal of litter or other solid waste by a
1-53 person on land owned by that person, or by that person's agent. The
1-54 commission by rule shall regulate temporary storage for future
1-55 disposal of litter or other solid waste by a person on land owned
1-56 by the person or the person's agent.
1-57 (l) [(k)] This section does not apply to an individual's
1-58 disposal of litter or other solid waste if:
1-59 (1) the litter or waste is generated on land the
1-60 individual owns;
1-61 (2) the litter or waste is not generated as a result
1-62 of an activity related to a commercial purpose;
1-63 (3) the disposal occurs on land the individual owns;
1-64 and
2-1 (4) the disposal is not for a commercial purpose.
2-2 (m) [(l)] A municipality or county may offer a reward of $50
2-3 for reporting a violation of this section that results in a
2-4 prosecution under this section.
2-5 (n) An offense under this section may be prosecuted without
2-6 alleging or proving any culpable mental state, unless the offense
2-7 is a state jail felony.
2-8 SECTION 2. (a) This Act takes effect September 1, 2001.
2-9 (b) The change in law made by this Act applies only to an
2-10 offense committed on or after September 1, 2001. For purposes of
2-11 this section, an offense is committed before September 1, 2001, if
2-12 any element of the offense occurs before that date.
2-13 (c) An offense committed before the effective date of this
2-14 Act is covered by the law in effect on the date the offense occurs,
2-15 and the former law is continued in effect for that purpose.
2-16 * * * * *