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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal penalty for the discarding of certain |
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burning materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 365.012, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 365.012. ILLEGAL DUMPING; DISCARDING LIGHTED |
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MATERIALS; CRIMINAL PENALTIES. |
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SECTION 2. Section 365.012, Health and Safety Code, is |
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amended by adding Subsections (a-1), (d-1), (p), (q), and (r) and |
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amending Subsections (d) and (e) to read as follows: |
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(a-1) A person commits an offense if: |
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(1) the person discards lighted litter, including a |
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match, cigarette, or cigar, onto open-space land, a private road or |
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the right-of-way of a private road, a public highway or other public |
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road or the right-of-way of a public highway or other public road, |
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or a railroad right-of-way; and |
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(2) a fire is ignited as a result of the conduct |
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described by Subdivision (1). |
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(d) An offense under Subsection (a), (b), or (c) [this
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section] is a Class C misdemeanor if the litter or other solid waste |
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to which the offense applies weighs five pounds or less or has a |
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volume of five gallons or less. |
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(d-1) An offense under Subsection (a-1) is a misdemeanor |
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under this subsection if the litter or other solid waste to which |
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the offense applies weighs less than 500 pounds or has a volume of |
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less than 100 cubic feet and is punishable by: |
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(1) a fine not to exceed $500; |
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(2) confinement in jail for a term not to exceed 30 |
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days; or |
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(3) both such fine and confinement. |
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(e) An offense under Subsection (a), (b), or (c) [this
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section] is a Class B misdemeanor if the litter or other solid waste |
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to which the offense applies weighs more than five pounds but less |
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than 500 pounds or has a volume of more than five gallons but less |
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than 100 cubic feet. |
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(p) It is an affirmative defense to prosecution under |
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Subsection (a-1) that the person discarded the lighted litter in |
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connection with controlled burning the person was conducting in the |
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area into which the lighted litter was discarded. |
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(q) The operator of a public conveyance in which smoking |
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tobacco is allowed shall post a sign stating the substance of |
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Subsections (a-1) and (d-1) in a conspicuous place within any |
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portion of the public conveyance in which smoking is allowed. |
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(r) If conduct that constitutes an offense under Subsection |
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(a-1) also constitutes an offense under Subsection (a), the actor |
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may be prosecuted only under Subsection (a-1). If conduct that |
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constitutes an offense under Subsection (a-1) also constitutes an |
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offense under Chapter 28, Penal Code, the actor may be prosecuted |
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under Subsection (a-1) or Chapter 28, Penal Code, but not both. |
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SECTION 3. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |