Texas 2011 - 82nd Regular

Texas Senate Bill SB1043 Compare Versions

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Old	New	Differences
1	1	By: Watson S.B. No. 1043
2	2	(Martinez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalty for the discarding of certain
8	8	burning materials.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 365.012, Health and
11	11	Safety Code, is amended to read as follows:
12	12	Sec. 365.012. ILLEGAL DUMPING; DISCARDING LIGHTED
13	13	MATERIALS; CRIMINAL PENALTIES.
14	14	SECTION 2. Section 365.012, Health and Safety Code, is
15	15	amended by adding Subsections (a-1), (d-1), (p), (q), and (r) and
16	16	amending Subsections (d) and (e) to read as follows:
17	17	(a-1) A person commits an offense if:
18	18	(1) the person discards lighted litter, including a
19	19	match, cigarette, or cigar, onto open-space land, a private road or
20	20	the right-of-way of a private road, a public highway or other public
21	21	road or the right-of-way of a public highway or other public road,
22	22	or a railroad right-of-way; and
23	23	(2) a fire is ignited as a result of the conduct
24	24	described by Subdivision (1).
25	25	(d) An offense under Subsection (a), (b), or (c) [this
26	26	section] is a Class C misdemeanor if the litter or other solid waste
27	27	to which the offense applies weighs five pounds or less or has a
28	28	volume of five gallons or less.
29	29	(d-1) An offense under Subsection (a-1) is a misdemeanor
30	30	under this subsection if the litter or other solid waste to which
31	31	the offense applies weighs less than 500 pounds or has a volume of
32	32	less than 100 cubic feet and is punishable by:
33	33	(1) a fine not to exceed $500;
34	34	(2) confinement in jail for a term not to exceed 30
35	35	days; or
36	36	(3) both such fine and confinement.
37	37	(e) An offense under Subsection (a), (b), or (c) [this
38	38	section] is a Class B misdemeanor if the litter or other solid waste
39	39	to which the offense applies weighs more than five pounds but less
40	40	than 500 pounds or has a volume of more than five gallons but less
41	41	than 100 cubic feet.
42	42	(p) It is an affirmative defense to prosecution under
43	43	Subsection (a-1) that the person discarded the lighted litter in
44	44	connection with controlled burning the person was conducting in the
45	45	area into which the lighted litter was discarded.
46	46	(q) The operator of a public conveyance in which smoking
47	47	tobacco is allowed shall post a sign stating the substance of
48	48	Subsections (a-1) and (d-1) in a conspicuous place within any
49	49	portion of the public conveyance in which smoking is allowed.
50	50	(r) If conduct that constitutes an offense under Subsection
51	51	(a-1) also constitutes an offense under Subsection (a), the actor
52	52	may be prosecuted only under Subsection (a-1). If conduct that
53	53	constitutes an offense under Subsection (a-1) also constitutes an
54	54	offense under Chapter 28, Penal Code, the actor may be prosecuted
55	55	under Subsection (a-1) or Chapter 28, Penal Code, but not both.
56	56	SECTION 3. The change in law made by this Act applies only
57	57	to an offense committed on or after the effective date of this Act.
58	58	An offense committed before the effective date of this Act is
59	59	governed by the law in effect on the date the offense was committed,
60	60	and the former law is continued in effect for that purpose. For
61	61	purposes of this section, an offense was committed before the
62	62	effective date of this Act if any element of the offense occurred
63	63	before that date.
64	64	SECTION 4. This Act takes effect September 1, 2011.