77R15616 JAT-D
By Shapleigh, et al. S.B. No. 906
Substitute the following for S.B. No. 906:
By Chisum C.S.S.B. No. 906
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to penalties and fees 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.
2-24 The 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. Subchapter B, Chapter 365, Health and Safety
3-16 Code, is amended by adding Section 365.018 to read as follows:
3-17 Sec. 365.018. PAYMENT OF ILLEGAL DUMPING CLEANUP FEES. (a)
3-18 A person convicted of an offense under this subchapter shall pay to
3-19 the court a $50 illegal dumping cleanup fee as a cost of the court.
3-20 (b) The court shall deposit fees received under this section
3-21 to the credit of the illegal dumping cleanup account. The illegal
3-22 dumping cleanup account is an account in the general revenue fund
3-23 that may be appropriated only for the enforcement of this
3-24 subchapter and for the cleanup of illegal dumping.
3-25 (c) On conviction of a person of an offense under this
3-26 subchapter, a court may order the Department of Public Safety to
3-27 suspend the person's driver's license or permit or, if the person
4-1 does not have a driver's license or permit, to deny the issuance of
4-2 a license or permit to the person.
4-3 SECTION 3. The heading to Section 521.320, Transportation
4-4 Code, is amended to read as follows:
4-5 Sec. 521.320. SUSPENSION FOR CERTAIN CRIMINAL MISDEMEANOR
4-6 OFFENSES [MISCHIEF]; LICENSE DENIAL.
4-7 SECTION 4. Subsections (a) and (b), Section 521.320,
4-8 Transportation Code, are amended to read as follows:
4-9 (a) A court may order the department to suspend a person's
4-10 driver's license on conviction of an offense under Section 28.08,
4-11 Penal Code, or Subchapter B, Chapter 365, Health and Safety Code.
4-12 (b) A court may order the department to deny an application
4-13 for reinstatement or issuance of a driver's license to a person
4-14 convicted of an offense under Section 28.08, Penal Code, or
4-15 Subchapter B, Chapter 365, Health and Safety Code, who, on the date
4-16 of the conviction, did not hold a driver's license.
4-17 SECTION 5. (a) This Act takes effect September 1, 2001, and
4-18 applies only to an offense committed on or after that date. For
4-19 purposes of this section, an offense is committed before the
4-20 effective date of this Act if any element of the offense occurs
4-21 before that date.
4-22 (b) An offense committed before the effective date of this
4-23 Act is covered by the law in effect on the date the offense was
4-24 committed, and the former law is continued in effect for that
4-25 purpose.