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  80R354 JTS-D
 
  By: Berman H.B. No. 32
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for discarding lighted smoking materials
from a motor vehicle.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 365.012(f), Health and Safety Code, is
amended to read as follows:
       (f)  An offense under this section is a Class A misdemeanor
if:
             (1)  the litter or other solid waste to which the
offense applies weighs 500 pounds or more but less than 1,000 pounds
or has a volume of 100 cubic feet or more but less than 200 cubic
feet; [or]
             (2)  the litter or other solid waste is disposed for a
commercial purpose and weighs more than five pounds but less than
200 pounds or has a volume of more than five gallons but less than
200 cubic feet; or
             (3)  the litter or other solid waste to which the
offense applies is a lighted match, a lighted cigarette or cigar, or
other lighted smoking material discarded from a motor vehicle.
       SECTION 2.  (a) Section 365.012(f), Health and Safety Code,
as amended by this Act, applies only to an offense committed on or
after September 1, 2007. For purposes of this section, an offense
is committed before September 1, 2007, if any element of the offense
occurs before that date.
       (b)  An offense committed before September 1, 2007,
is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.