H.B. No. 857
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 7.187, Water Code, is amended to read as
follows:
Sec. 7.187. PENALTIES. (a) Except as provided by
Subsection (b), a [A] person convicted of an offense under this
subchapter is punishable by:
(1) a fine, as imposed under the section creating the
offense, of:
(A) not more than $1,000;
(B) not less than $1,000 or more than $50,000;
(C) not less than $1,000 or more than $100,000;
(D) not less than $1,000 or more than $250,000;
(E) not less than $2,000 or more than $500,000;
(F) not less than $5,000 or more than $1,000,000;
(G) not less than $10,000 or more than
$1,500,000; or
(H) not more than twice the amount of the
required fee;
(2) confinement for a period, as imposed by the
section creating the offense, not to exceed:
(A) 30 days;
(B) 90 days;
(C) 180 days;
(D) one year;
(E) two years;
(F) five years;
(G) 10 years;
(H) 15 years;
(I) 20 years; or
(J) 30 years; or
(3) both fine and confinement, as imposed by the
section creating the offense.
(b) Notwithstanding Section 7.177(a)(5), conviction for an
offense under Section 382.018, Health and Safety Code, is
punishable as:
(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);
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 857 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 857 on May 29, 2009, by the following vote: Yeas 143, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 857 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor