78R2093 JRJ-D

By:  Villarreal                                                   H.B. No. 1021



A BILL TO BE ENTITLED

AN ACT

relating to illegal dumping on railroad rights-of-way; creating a 
penalty.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 365.012, Health and Safety Code, is 
amended by amending Subsection (a) and adding Subsections (h-1) and 
(p) to read as follows:
	(a)  A person commits an offense if the person disposes or 
allows or permits the disposal of litter or other solid waste at a 
place that is not an approved solid waste site, including a place on 
or within 300 feet of a public highway, on a right-of-way, including 
a railroad right-of-way, on other public or private property, or 
into inland or coastal water of the state.
	(h-1)  If it is shown on the trial of the defendant for an 
offense under this section that the defendant committed the offense 
on a railroad right-of-way, the punishment for the offense is 
increased by an additional fine in an amount not greater than two 
times the amount of a fine assessed under this section.  This 
subsection does not apply to a penalty assessed against a 
corporation or association under Section 12.51, Penal Code.
	(p)  Money collected under Subsection (h-1) in a justice, 
county, district, or municipal court for an offense that occurred 
within the corporate boundaries of a municipality shall be 
deposited in a special account in the treasury of the municipality.  
Money collected under this subsection shall be used to fund the 
duties imposed by Section 365.018.
	SECTION 2.  Subchapter B, Chapter 365, Health and Safety 
Code, is amended by adding Section 365.018 to read as follows:
	Sec. 365.018.  DUTY OF LOCAL GOVERNMENT TO REMOVE LITTER 
FROM RAILROAD RIGHT-OF-WAY.  A municipality or the commissioners 
court of a county, if the right-of-way is located outside the 
corporate limits of a municipality, shall:
		(1)  provide for the removal and disposition of litter 
accumulated on or near a railroad right-of-way in cooperation with 
the railroad that is the record owner of the right-of-way; and
		(2)  assign additional police, officials, or 
technological resources to:
			(A)  monitor railroad rights-of-way;                                  
			(B)  enforce illegal dumping laws; and                                
			(C)  contact railroad operators if litter, 
stormwater, or vegetation impedes safe railroad operation and poses 
a danger to the public health and safety in the area.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.