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	Amend CSHB 857 by striking all below the enacting clause and 
substituting: 
	SECTION 1.  Section 7.177, Water Code, is amended by 
amending Subsections (b) and (c) and adding Subsection (d) to read 
as follows:
	(b)  Except as provided by Subsection (d), an [An] offense 
under this section is punishable for an individual under Section 
7.187(1)(B) or Section 7.187(2)(C) or both.
	(c)  Except as provided by Subsection (d), an [An] offense 
under this section is punishable for a person other than an 
individual under Section 7.187(1)(C).
	(d)  An individual who violates a rule adopted under Section 
382.018, Health and Safety Code, by burning waste generated solely 
from property designed for and used exclusively as a private 
residence commits an offense that is:
		(1)  a Class C misdemeanor if the waste is not a 
substance described by Subdivision (3);
		(2)  a Class B misdemeanor if the violation is a second 
or subsequent violation under Subdivision (1) that occurs on the 
same property as a previous violation under that subdivision; and
		(3)  a Class A misdemeanor if the violation involves 
the burning of tires, insulation on electrical wire or cable, 
treated lumber, plastics, non-wood construction or demolition 
materials, heavy oils, asphaltic materials, potentially explosive 
materials, furniture, carpet, chemical wastes, or items containing 
natural or synthetic rubber.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
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.  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.
	SECTION 3.  This Act takes effect September 1, 2009.