By Shapleigh                                           S.B. No. 906
         77R6805 JAT-D                           
                                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.  Sections 365.012(d) and (e), Health and Safety
 1-5     Code, are amended to read as follows:
 1-6           (d)  An offense under this section is a Class C misdemeanor
 1-7     if the litter or other solid waste to which the offense applies
 1-8     weighs five [15] pounds or less or has a volume of five [13]
 1-9     gallons or less.
1-10           (e)  An offense under this section is a Class B misdemeanor
1-11     if the litter or other solid waste to which the offense applies
1-12     weighs more than five [15] pounds but less than 500 pounds or has a
1-13     volume of more than five [13] gallons but less than 100 cubic feet.
1-14           SECTION 2.  Subchapter B, Chapter 365, Health and Safety
1-15     Code, is amended by adding Section 365.018 to read as follows:
1-16           Sec. 365.018.  PAYMENT OF ILLEGAL DUMPING CLEANUP FEES.  (a)
1-17     A person convicted of an offense under this subchapter shall pay to
1-18     the court a $5 illegal dumping cleanup fee as a cost of the court.
1-19           (b)  The court shall deposit fees received under this section
1-20     to the credit of the illegal dumping cleanup account.  The illegal
1-21     dumping cleanup account is an account in the general revenue fund
1-22     that may be appropriated only for the enforcement of this
1-23     subchapter and for the cleanup of illegal dumping.
1-24           (c)  On conviction of a person of an offense under this
 2-1     subchapter, a court may order the Department of Public Safety to
 2-2     suspend the person's driver's license or permit or, if the person
 2-3     does not have a driver's license or permit, to deny the issuance of
 2-4     a license or permit to the person.
 2-5           SECTION 3.  The heading to Section 521.320, Transportation
 2-6     Code, is amended to read as follows:
 2-7           Sec. 521.320.  SUSPENSION FOR CERTAIN CRIMINAL MISDEMEANOR
 2-8     OFFENSES [MISCHIEF]; LICENSE DENIAL.
 2-9           SECTION 4.  Sections 521.320(a) and (b), Transportation Code,
2-10     are amended to read as follows:
2-11           (a)  A court may order the department to suspend a person's
2-12     driver's license on conviction of an offense under Section 28.08,
2-13     Penal Code, or Subchapter B, Chapter 365, Health and Safety Code.
2-14           (b)  A court may order the department to deny an application
2-15     for reinstatement or issuance of a driver's license to a person
2-16     convicted of an offense under Section 28.08, Penal Code, or
2-17     Subchapter B, Chapter 365, Health and Safety Code, who, on the date
2-18     of the conviction, did not hold a driver's license.
2-19           SECTION 5. (a)  This Act takes effect September 1, 2001, and
2-20     applies only to an offense committed on or after that date.  For
2-21     purposes of this section, an offense is committed before the
2-22     effective date of this Act if any element of the offense occurs
2-23     before that date.
2-24           (b)  An offense committed before the effective date of this
2-25     Act is covered by the law in effect on the date the offense was
2-26     committed, and the former law is continued in effect for that
2-27     purpose.