By: Laubenberg, Sheffield H.B. No. 857
(In the Senate - Received from the House April 23, 2009;
May 1, 2009, read first time and referred to Committee on Natural
Resources; May 12, 2009, reported favorably by the following vote:
Yeas 9, Nays 0; May 12, 2009, sent to printer.)
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) An individual who violates a rule adopted under Section
382.018, Health and Safety Code, by burning waste generated solely
from property designed for and used exclusively as a private
residence commits an offense that is:
(1) a Class C misdemeanor if the waste is not a
substance described by Subdivision (3);
(2) a Class B misdemeanor if the violation is a second
or subsequent violation under Subdivision (1) that occurs on the
same property as a previous violation under that subdivision; and
(3) a Class A misdemeanor if the violation involves
the burning of 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
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.
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