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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for certain outdoor burning violations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.177, Water Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (d) to read |
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as follows: |
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(b) Except as provided by Subsection (d), an [An] offense |
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under this section is punishable for an individual under Section |
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7.187(1)(B) or Section 7.187(2)(C) or both. |
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(c) Except as provided by Subsection (d), an [An] offense |
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under this section is punishable for a person other than an |
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individual under Section 7.187(1)(C). |
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(d) An individual who violates a rule adopted under Section |
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382.018, Health and Safety Code, by burning waste generated solely |
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from property designed for and used exclusively as a private |
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residence commits an offense that is: |
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(1) a Class C misdemeanor if the waste is not a |
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substance described by Subdivision (3); |
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(2) a Class B misdemeanor if the violation is a second |
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or subsequent violation under Subdivision (1) that occurs on the |
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same property as a previous violation under that subdivision; and |
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(3) a Class A misdemeanor if the violation involves |
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the burning of tires, insulation on electrical wire or cable, |
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treated lumber, plastics, non-wood construction or demolition |
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materials, heavy oils, asphaltic materials, potentially explosive |
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materials, furniture, carpet, chemical wastes, or items containing |
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natural or synthetic rubber. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before the effective |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |