84R7905 JRR-D
By: White of Bell H.B. No. 2556
A BILL TO BE ENTITLED
AN ACT
relating to the criminal penalty for certain outdoor burning
violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.187(b), Water Code, is amended to read
as follows:
(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 violation is a first
violation and does not involve the burning of heavy oils, asphaltic
materials, potentially explosive materials, or chemical wastes
[waste is not a substance described by Subdivision (3)];
(2) a Class B misdemeanor if the violation is a second
or subsequent violation and:
(A) the violation does not involve the burning
of:
(i) substances described by Subdivision
(1); or
(ii) tires, insulation on electrical wire
or cable, treated lumber, plastics, non-wood construction or
demolition materials, furniture, carpet, or items containing
natural or synthetic rubber; or
(B) the violation involves the burning of
substances described by Paragraph (A)(ii) and none of the prior
violations involved the burning of substances described by
Subdivision (1) or Paragraph (A)(ii) [under Subdivision (1)]; or
(3) a Class A misdemeanor if the violation:
(A) involves the burning of substances described
by Subdivision (1); or
(B) is a second or subsequent violation and
involves the burning of substances described by Subdivision
(2)(A)(ii) and one or more of the prior violations involved the
burning of substances described by Subdivision (1) or (2)(A)(ii)
[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
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2015.