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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties for certain littering offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 365.012(d), (e), (f), (h), and (s), |
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Health and Safety Code, are amended to read as follows: |
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(d) An offense under Subsection (a), (b), or (c) is a Class C |
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misdemeanor punishable by a fine not to exceed $2,000, except that |
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the offense is: |
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(1) a Class B misdemeanor punishable by a fine not to |
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exceed $5,000 if it is shown on the trial of the offense that the |
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defendant has previously been convicted one time of an offense |
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under Subsection (a), (b), or (c) and the litter or solid waste to |
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which the offense applies weighs five pounds or more or has a volume |
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of five gallons or more; |
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(2) a Class A misdemeanor punishable by a fine not to |
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exceed $10,000 if it is shown on the trial of the offense that the |
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defendant has previously been convicted two times of an offense |
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under Subsection (a), (b), or (c) and the litter or solid waste to |
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which the offense applies weighs five pounds or more or has a volume |
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of five gallons or more; or |
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(3) a Class A misdemeanor punishable by a fine equal to |
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the amount of the fine for the preceding conviction plus $10,000 if |
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it is shown on the trial of the offense that the defendant has |
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previously been convicted more than two times of an offense under |
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Subsection (a), (b), or (c) and the litter or solid waste to which |
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the offense applies weighs five pounds or more or has a volume of |
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five gallons or more [if the litter or other solid waste to which |
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the offense applies weighs five pounds or less or has a volume of |
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five gallons or less]. |
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(e) A fine under Subsection (d)(3) may not exceed $50,000 |
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[An offense under Subsection (a), (b), or (c) is a Class B |
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misdemeanor if the litter or other solid waste to which the offense |
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applies weighs more than five pounds but less than 500 pounds or has |
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a volume of more than five gallons but less than 100 cubic feet]. |
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(f) An offense under Subsection (a-1) [this section] is a |
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Class A misdemeanor if: |
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(1) the litter or other solid waste to which the |
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offense applies weighs 500 pounds or more but less than 1,000 pounds |
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or has a volume of 100 cubic feet or more but less than 200 cubic |
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feet; or |
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(2) the litter or other solid waste is disposed for a |
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commercial purpose and weighs more than five pounds but less than |
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200 pounds or has a volume of more than five gallons but less than |
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200 cubic feet. |
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(h) If it is shown on the trial of the defendant for an |
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offense under Subsection (a-1) [this section] that the defendant |
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has previously been convicted of an offense under Subsection (a-1) |
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[this section], the punishment for the offense is increased to the |
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punishment for the next highest category. |
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(s) On conviction of an offense under this section, the |
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court shall require the defendant, in addition to any fine or other |
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penalty, to: |
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(1) perform community service as provided by Article |
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42A.304(e), Code of Criminal Procedure; and |
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(2) reimburse the county or municipality, as |
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applicable, for any costs incurred in cleaning up the litter or |
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other solid waste that is the subject of the offense. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |