Texas Senate Bill SB1915

Texas 2017 - 85th Regular

Caption

Relating to the prosecution and punishment of certain outdoor burning violations.

Impact

The implications of SB1915 stretch into the realms of local government authority and public health protection. By allowing individuals cited for burning violations to be prosecuted under municipal ordinances instead of state law under certain conditions, the bill establishes a protocol whereby local governments can maintain some level of control over environmental regulations. This could ensure that municipalities can respond effectively to local environmental conditions and concerns while balancing state enforcement mechanisms. However, this approach may lead to variations in enforcement depending on local regulations which could also create complexities in legal proceedings.

Summary

SB1915, also known as the Outdoor Burning Violations Act, aims to regulate the prosecution and punishment for specific outdoor burning violations in Texas. The bill introduces amendments to the Health and Safety Code and Water Code, establishing penalties that differ based on the severity and nature of the violation. For first-time infractions not involving hazardous materials, the bill classifies the offense as a Class C misdemeanor, escalating to Class B or Class A misdemeanors for subsequent violations or for infractions involving more dangerous substances. This structure is intended to create a more nuanced approach to enforcement, allowing for better alignment of penalties with the level of offense.

Contention

One notable area of contention surrounding SB1915 is the balance between state and local authority. Proponents argue that the bill provides necessary flexibility for municipalities to manage outdoor burning within their jurisdictions, fostering better compliance and reducing public health risks associated with outdoor air quality. On the other hand, critics may express concern that this provision could lead to inconsistencies across different localities, where some municipalities might enact stricter regulations than others. This discrepancy could potentially confuse residents and complicate enforcement for the authorities, leading to questions about the efficacy of such a legislative approach.