1-1     By:  Shapleigh                                         S.B. No. 906
 1-2           (In the Senate - Filed February 23, 2001; February 27, 2001,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     March 26, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 26, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to penalties and fees for illegal dumping.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subsections (d) and (e), Section 365.012, Health
1-11     and Safety Code, are amended to read as follows:
1-12           (d)  An offense under this section is a Class C misdemeanor
1-13     if the litter or other solid waste to which the offense applies
1-14     weighs five [15] pounds or less or has a volume of five [13]
1-15     gallons or less.
1-16           (e)  An offense under this section is a Class B misdemeanor
1-17     if the litter or other solid waste to which the offense applies
1-18     weighs more than five [15] pounds but less than 500 pounds or has a
1-19     volume of more than five [13] gallons but less than 100 cubic feet.
1-20           SECTION 2.  Subchapter B, Chapter 365, Health and Safety
1-21     Code, is amended by adding Section 365.018 to read as follows:
1-22           Sec. 365.018.  PAYMENT OF ILLEGAL DUMPING CLEANUP FEES.
1-23     (a)  A person convicted of an offense under this subchapter shall
1-24     pay to the court a $5 illegal dumping cleanup fee as a cost of the
1-25     court.
1-26           (b)  The court shall deposit fees received under this section
1-27     to the credit of the illegal dumping cleanup account.  The illegal
1-28     dumping cleanup account is an account in the general revenue fund
1-29     that may be appropriated only for the enforcement of this
1-30     subchapter and for the cleanup of illegal dumping.
1-31           (c)  On conviction of a person of an offense under this
1-32     subchapter, a court may order the Department of Public Safety to
1-33     suspend the person's driver's license or permit or, if the person
1-34     does not have a driver's license or permit, to deny the issuance of
1-35     a license or permit to the person.
1-36           SECTION 3.  The heading to Section 521.320, Transportation
1-37     Code, is amended to read as follows:
1-38           Sec. 521.320.  SUSPENSION FOR CERTAIN CRIMINAL MISDEMEANOR
1-39     OFFENSES [MISCHIEF]; LICENSE DENIAL.
1-40           SECTION 4.  Subsections (a) and (b), Section 521.320,
1-41     Transportation Code, are amended to read as follows:
1-42           (a)  A court may order the department to suspend a person's
1-43     driver's license on conviction of an offense under Section 28.08,
1-44     Penal Code, or Subchapter B, Chapter 365, Health and Safety Code.
1-45           (b)  A court may order the department to deny an application
1-46     for reinstatement or issuance of a driver's license to a person
1-47     convicted of an offense under Section 28.08, Penal Code, or
1-48     Subchapter B, Chapter 365, Health and Safety Code, who, on the date
1-49     of the conviction, did not hold a driver's license.
1-50           SECTION 5.  (a)  This Act takes effect September 1, 2001, and
1-51     applies only to an offense committed on or after that date.  For
1-52     purposes of this section, an offense is committed before the
1-53     effective date of this Act if any element of the offense occurs
1-54     before that date.
1-55           (b)  An offense committed before the effective date of this
1-56     Act is covered by the law in effect on the date the offense was
1-57     committed, and the former law is continued in effect for that
1-58     purpose.    
1-59                                  * * * * *