81R490 JTS-D
By: Laubenberg H.B. No. 857
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for certain outdoor burning violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.177, Water Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
(b) Except as provided by Subsection (d), an [An] offense
under this section is punishable for an individual under Section
7.187(1)(B) or Section 7.187(2)(C) or both.
(c) Except as provided by Subsection (d), an [An] offense
under this section is punishable for a person other than an
individual under Section 7.187(1)(C).
(d) A person who violates a rule adopted under Section
382.018, Health and Safety Code, commits an offense that is a Class
C misdemeanor, except that:
(1) the offense is a Class B misdemeanor if:
(A) the violation is a second or subsequent
violation of a rule adopted under Section 382.018; or
(B) except as provided by Subdivision (2), the
violation involves the burning of a substance specifically
prohibited by a rule adopted under Section 382.018; and
(2) the offense is a Class A misdemeanor if the
violation involves the burning of a tire or of insulation on copper
wire.
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
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense is committed before the effective date of
this Act if any element of the offense occurs before the effective
date.
SECTION 3. This Act takes effect September 1, 2009.