LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
May 3, 2011

TO:
Honorable Wayne Smith, Chair, House Committee on Environmental Regulation
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB405 by Quintanilla (Relating to the storage, transportation, and disposal of tires; providing criminal penalties. ), Committee Report 1st House, Substituted

The bill would amend the Water Code as it relates to the storage, transportation, and disposal of tires. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, recklessly violating certain provisions of the Water Code would be a Class A Misdemeanor and knowingly or intentionally violating these same provisions would be a state jail felony.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
 
Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. For this analysis, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.



Source Agencies:
LBB Staff:
JOB, GG, LM