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Amend HB 857 by striking SECTION 1 of the bill (page 1, lines 
10-33), and substituting:
	SECTION 1.  Section 7.187, Water Code, is amended to read as 
follows:        
	Sec. 7.187.  PENALTIES.  (a) Except as provided by 
Subsection (b), a [A] person convicted of an offense under this 
subchapter is punishable by:
		(1)  a fine, as imposed under the section creating the 
offense, of:         
			(A)  not more than $1,000;                                                   
			(B)  not less than $1,000 or more than $50,000;                              
			(C)  not less than $1,000 or more than $100,000;                             
			(D)  not less than $1,000 or more than $250,000;                             
			(E)  not less than $2,000 or more than $500,000;                             
			(F)  not less than $5,000 or more than $1,000,000;                           
			(G)  not less than $10,000 or more than 
$1,500,000; or                     
			(H)  not more than twice the amount of the 
required fee;                   
		(2)  confinement for a period, as imposed by the 
section creating the offense, not to exceed:
			(A)  30 days;                                                                
			(B)  90 days;                                                                
			(C)  180 days;                                                               
			(D)  one year;                                                               
			(E)  two years;                                                              
			(F)  five years;                                                             
			(G)  10 years;                                                               
			(H)  15 years;                                                               
			(I)  20 years; or                                                            
			(J)  30 years; or                                                            
		(3)  both fine and confinement, as imposed by the 
section creating the offense.
	(b)  Notwithstanding Section 7.177(a)(5), conviction for an 
offense under Section 382.018, Health and Safety Code, is 
punishable as:
		(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);
		(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.