By Lewis of Orange H.B. No. 2363
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the control and abatement of illegal dumping; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 721.005 (a), Transportation Code, is
1-6 amended to read as follows:
1-7 The governing body of a municipality may exempt from the
1-8 requirements of Section 721.004 an automobile when used to perform
1-9 an official duty by a:
1-10 (1) police department;
1-11 (2) magistrate as defined by Article 2.09, Code of
1-12 Criminal Procedure; [or]
1-13 (3) medical examiner; or
1-14 (4) municipal code enforcement officer designated to
1-15 enforce environmental laws.
1-16 SECTION 2. Amend Section 361.0151, Health and Safety Code,
1-17 by adding a new subsection (c) to read as follows:
1-18 (c) The commission shall adopt rules, including
1-19 recordkeeping and reporting requirements and limitations on the
1-20 storage of recyclable material to ensure:
1-21 (1) that recyclable material is reused and not
1-22 abandoned or disposed of in accordance with Section 361.421;
2-1 (2) that recyclable material does not create a
2-2 nuisance, or threaten or impair the environment or public health
2-3 and safety; and
2-4 (3) the facility will be properly cleaned up and
2-5 closed.
2-6 SECTION 3. Section 361.421 (5), Health and Safety Code, is
2-7 amended to read as follows:
2-8 (5) "Recyclable material" means material that has been
2-9 recovered or diverted from the solid waste stream for purposes of
2-10 reuse, recycling, or reclamation, a substantial portion of which is
2-11 consistently used in the manufacture of products which may
2-12 otherwise be produced using raw or virgin materials. Recyclable
2-13 material is not solid waste unless the material is deemed to be
2-14 hazardous solid waste by the Administrator of the United States
2-15 Environmental Protection Agency, whereupon it shall be regulated
2-16 accordingly unless it is otherwise exempted in whole or in part
2-17 from regulation under the federal Solid Waste Disposal Act, as
2-18 amended by the Resource Conservation and Recovery Act of 1976 (42
2-19 U.S.C. Section 6901 et seq.), by Environmental Protection Agency
2-20 regulation. [However, recyclable material may become solid waste
2-21 at such time, if any, as it is abandoned or disposed of rather than
2-22 recycled, whereupon it will be solid waste with respect only to the
2-23 party actually abandoning or disposing of the material.]
2-24 Recyclable material that has been abandoned, improperly stored or
2-25 disposed of is solid waste with respect to the person abandoning,
2-26 improperly storing or disposing of the material or to the owner of
3-1 the real property on which the material is located.
3-2 SECTION 4. Section 365.012, (d), (e), (f), and (l), Health
3-3 and Safety Code, are amended, and subsection (m) is added to read
3-4 as follows:
3-5 (d) An offense under this section is a Class C misdemeanor
3-6 if the litter or other solid waste to which the offense applies
3-7 weighs five [15] pounds or less or has a volume of five [13]
3-8 gallons or less.
3-9 (e) An offense under this section is a Class B misdemeanor
3-10 if the litter or other solid waste to which the offense applies
3-11 weighs more than five [15] pounds but less than 500 pounds or has a
3-12 volume of more than five [13] gallons but less than 100 cubic feet.
3-13 (f) An offense under this section is a Class A misdemeanor
3-14 if:
3-15 (1) the litter or other solid waste to which the
3-16 offense applies weighs 500 pounds or more or has a volume of 100
3-17 cubic feet or more; or
3-18 (2) the litter or other solid waste is disposed for a
3-19 commercial purpose and weighs more than five pounds or has a volume
3-20 of more than five [13] gallons.
3-21 (l) [(k)] A municipality or county may offer a reward [of
3-22 $50] for reporting a violation of this section that results in a
3-23 prosecution under this section.
3-24 (m) An offense under this section may be prosecuted without
3-25 alleging or proving any culpable mental state.
3-26 SECTION 5. Section 365.015 (a), Health and Safety Code, is
4-1 amended to read as follows:
4-2 (a) A district attorney, a county attorney, a city attorney,
4-3 or the attorney general may bring a civil suit for an injunction to
4-4 prevent or restrain a violation of this subchapter. A person
4-5 affected or to be affected by a violation is entitled to seek
4-6 injunctive relief to enjoin the violation.
4-7 SECTION 6. (a) This Act takes effect September 1, 2001.
4-8 (b) The change in law made in SECTION 4 of this Act applies
4-9 only to an offense committed on or after September 1, 2001. For
4-10 purposes of this section, an offense is committed before September
4-11 1, 2001, if any element of the offense occurs before that date.
4-12 For purposes of this section, an offense committed before the
4-13 effective date of this Act is covered by the law in effect on the
4-14 date the offense occurs, and the former law is continued in effect
4-15 for that purpose.
4-16 (c) The Texas Natural Resource Conservation Commission shall
4-17 develop and implement rules described in SECTION 2 of this Act on
4-18 or before January 1, 2002.