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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) A person who violates a rule adopted under Section |
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382.018, Health and Safety Code, commits an offense that is a Class |
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C misdemeanor, except that: |
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(1) the offense is a Class B misdemeanor if: |
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(A) the violation is a second or subsequent |
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violation of a rule adopted under Section 382.018 that occurs on the |
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same property as a previous violation of a rule adopted under that |
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section; or |
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(B) except as provided by Subdivision (2), the |
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violation involves the burning of a substance specifically |
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prohibited by a rule adopted under Section 382.018; and |
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(2) the offense is a Class A misdemeanor if the |
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violation involves the burning of a tire or of insulation on |
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electrical wire. |
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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. |