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78R8017 MI-D

By:  Canales                                                      H.B. No. 2514



A BILL TO BE ENTITLED

AN ACT

relating to the penalty for littering.                                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 365.012, Health and Safety Code, is 
amended by adding Subsection (p) to read as follows:
	(p)  On conviction of an offense under this section, the 
court shall require the defendant, in addition to any fine or 
confinement, to perform community service as provided by Section 
16(e), Article 42.12, Code of Criminal Procedure.
	SECTION 2.  Section 16, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (e) to read as follows:
	(e)  A defendant required to perform community service under 
this section after conviction of an offense under Section 
365.012(p), Health and Safety Code, shall work not less than 100 
hours and not more than the maximum number of hours established by 
Subsection (b) on the basis of the classification of the offense.  
The community service must consist of picking up litter from 
streets, roads, or highways maintained by the state and must be 
completed not later than the first anniversary of the date of final 
conviction or, if the defendant is punished by confinement, not 
later than the first anniversary of the date on which the defendant 
is released from confinement.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003.  For purposes of 
this subsection, an offense is committed before September 1, 2003, 
if any element of the offense occurs before that date.  An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.