82R11592 NAJ-D
 
  By: Martinez H.B. No. 2073
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal penalty for the discarding of certain
  burning materials.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 365.012, Health and
  Safety Code, is amended to read as follows:
         Sec. 365.012.  ILLEGAL DUMPING; DISCARDING LIGHTED
  MATERIALS; CRIMINAL PENALTIES.
         SECTION 2.  Section 365.012, Health and Safety Code, is
  amended by adding Subsections (a-1), (d-1), (p), (q), and (r) and
  amending Subsections (d) and (e) to read as follows:
         (a-1)  A person commits an offense if:
               (1)  the person discards lighted litter, including a
  match, cigarette, or cigar, onto open-space land, a private road or
  the right-of-way of a private road, a public highway or other public
  road or the right-of-way of a public highway or other public road,
  or a railroad right-of-way; and
               (2)  a fire is ignited as a result of the conduct
  described by Subdivision (1).
         (d)  An offense under Subsection (a), (b), or (c) [this
  section] is a Class C misdemeanor if the litter or other solid waste
  to which the offense applies weighs five pounds or less or has a
  volume of five gallons or less.
         (d-1)  An offense under Subsection (a-1) is a misdemeanor
  under this subsection if the litter or other solid waste to which
  the offense applies weighs less than 500 pounds or has a volume of
  less than 100 cubic feet and is punishable by:
               (1)  a fine not to exceed $500;
               (2)  confinement in jail for a term not to exceed 30
  days; or
               (3)  both such fine and confinement.
         (e)  An offense under Subsection (a), (b), or (c) [this
  section] is a Class B misdemeanor if the litter or other solid waste
  to which the offense applies weighs more than five pounds but less
  than 500 pounds or has a volume of more than five gallons but less
  than 100 cubic feet.
         (p)  It is an affirmative defense to prosecution under
  Subsection (a-1) that the person discarded the lighted litter in
  connection with controlled burning the person was conducting in the
  area into which the lighted litter was discarded.
         (q)  The operator of a public conveyance in which smoking
  tobacco is allowed shall post a sign stating the substance of
  Subsections (a-1) and (d-1) in a conspicuous place within any
  portion of the public conveyance in which smoking is allowed.
         (r)  If conduct that constitutes an offense under Subsection
  (a-1) also constitutes an offense under Subsection (a), the actor
  may be prosecuted only under Subsection (a-1).  If conduct that
  constitutes an offense under Subsection (a-1) also constitutes an
  offense under Chapter 28, Penal Code, the actor may be prosecuted
  under Subsection (a-1) or Chapter 28, Penal Code, but not both.
         SECTION 3.  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
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2011.