| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the criminal penalty for certain outdoor burning |
|
|
violations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 7.187(b), Water Code, is amended to read |
|
|
as follows: |
|
|
(b) Notwithstanding Section 7.177(a)(5), conviction for an |
|
|
offense under Section 382.018, Health and Safety Code, is |
|
|
punishable as: |
|
|
(1) a Class C misdemeanor if the violation is a first |
|
|
violation and does not involve the burning of heavy oils, asphaltic |
|
|
materials, potentially explosive materials, or chemical wastes |
|
|
[waste is not a substance described by Subdivision (3)]; |
|
|
(2) a Class B misdemeanor if the violation is a second |
|
|
or subsequent violation and: |
|
|
(A) the violation does not involve the burning |
|
|
of: |
|
|
(i) substances described by Subdivision |
|
|
(1); or |
|
|
(ii) tires, insulation on electrical wire |
|
|
or cable, treated lumber, plastics, non-wood construction or |
|
|
demolition materials, furniture, carpet, or items containing |
|
|
natural or synthetic rubber; or |
|
|
(B) the violation involves the burning of |
|
|
substances described by Paragraph (A)(ii) and none of the prior |
|
|
violations involved the burning of substances described by |
|
|
Subdivision (1) or Paragraph (A)(ii) [under Subdivision (1)]; or |
|
|
(3) a Class A misdemeanor if the violation: |
|
|
(A) involves the burning of substances described |
|
|
by Subdivision (1); or |
|
|
(B) is a second or subsequent violation and |
|
|
involves the burning of substances described by Subdivision |
|
|
(2)(A)(ii) and one or more of the prior violations involved the |
|
|
burning of substances described by Subdivision (1) or (2)(A)(ii) |
|
|
[tires, insulation on electrical wire or cable, treated lumber,
|
|
|
plastics, non-wood construction or demolition materials, heavy
|
|
|
oils, asphaltic materials, potentially explosive materials,
|
|
|
furniture, carpet, chemical wastes, or items containing natural or
|
|
|
synthetic rubber]. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2015. |