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.