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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 7.187, Water Code, is amended to read as |
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follows: |
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Sec. 7.187. PENALTIES. (a) Except as provided by |
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Subsection (b), a [A] person convicted of an offense under this |
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subchapter is punishable by: |
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(1) a fine, as imposed under the section creating the |
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offense, of: |
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(A) not more than $1,000; |
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(B) not less than $1,000 or more than $50,000; |
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(C) not less than $1,000 or more than $100,000; |
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(D) not less than $1,000 or more than $250,000; |
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(E) not less than $2,000 or more than $500,000; |
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(F) not less than $5,000 or more than $1,000,000; |
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(G) not less than $10,000 or more than |
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$1,500,000; or |
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(H) not more than twice the amount of the |
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required fee; |
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(2) confinement for a period, as imposed by the |
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section creating the offense, not to exceed: |
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(A) 30 days; |
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(B) 90 days; |
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(C) 180 days; |
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(D) one year; |
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(E) two years; |
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(F) five years; |
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(G) 10 years; |
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(H) 15 years; |
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(I) 20 years; or |
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(J) 30 years; or |
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(3) both fine and confinement, as imposed by the |
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section creating the offense. |
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(b) Notwithstanding Section 7.177(a)(5), conviction for an |
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offense under Section 382.018, Health and Safety Code, is |
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punishable as: |
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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); |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 857 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 857 on May 29, 2009, by the following vote: Yeas 143, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 857 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |