BILL ANALYSIS

S.B. 1346

By: Miles

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In recent years, many municipalities throughout Texas have experienced increases in illegal dumping and littering, in part due to companies illegally disposing of their scrap and unwanted materials in residential areas, according to news outlets such as KPRC 2 News in Houston. S.B. 1346 seeks to give local authorities the power to prosecute individuals who order the disposal of unwanted materials in addition to those who are actually dumping the material by creating the crime of attempted illegal dumping.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1346 amends the Health and Safety Code to establish that statutory provisions relating to the conduct constituting the preparatory criminal offenses of a criminal attempt, criminal conspiracy, criminal solicitation, and criminal solicitation of a minor apply to the offenses of illegally dumping and of discarding lighted materials, including a match, cigarette, or cigar. The bill applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.