Texas 2015 - 84th Regular

Texas House Bill HB2556 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R21983 JRR-D
2	2	By: White of Bell H.B. No. 2556
3	3	Substitute the following for H.B. No. 2556:
4	4	By: Schubert C.S.H.B. No. 2556
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution and punishment of certain outdoor
10	10	burning violations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 382.018, Health and Safety Code, is
13	13	amended by adding Subsection (f) to read as follows:
14	14	(f) If conduct that violates a rule adopted under this
15	15	section also violates a municipal ordinance, that conduct may be
16	16	prosecuted only under the municipal ordinance, provided that:
17	17	(1) the violation is not a second or subsequent
18	18	violation of a rule adopted under this section or a municipal
19	19	ordinance; and
20	20	(2) the violation does not involve the burning of
21	21	heavy oils, asphaltic materials, potentially explosive materials,
22	22	or chemical wastes.
23	23	SECTION 2. Section 7.187(b), Water Code, is amended to read
24	24	as follows:
25	25	(b) Notwithstanding Section 7.177(a)(5), conviction for an
26	26	offense under Section 382.018, Health and Safety Code, is
27	27	punishable as:
28	28	(1) a Class C misdemeanor if the violation is a first
29	29	violation and does not involve the burning of heavy oils, asphaltic
30	30	materials, potentially explosive materials, or chemical wastes
31	31	[waste is not a substance described by Subdivision (3)];
32	32	(2) a Class B misdemeanor if the violation is a second
33	33	or subsequent violation and:
34	34	(A) the violation does not involve the burning
35	35	of:
36	36	(i) substances described by Subdivision
37	37	(1); or
38	38	(ii) tires, insulation on electrical wire
39	39	or cable, treated lumber, plastics, non-wood construction or
40	40	demolition materials, furniture, carpet, or items containing
41	41	natural or synthetic rubber; or
42	42	(B) the violation involves the burning of
43	43	substances described by Paragraph (A)(ii) and none of the prior
44	44	violations involved the burning of substances described by
45	45	Subdivision (1) or Paragraph (A)(ii) [under Subdivision (1)]; or
46	46	(3) a Class A misdemeanor if the violation:
47	47	(A) involves the burning of substances described
48	48	by Subdivision (1); or
49	49	(B) is a second or subsequent violation and
50	50	involves the burning of substances described by Subdivision
51	51	(2)(A)(ii) and one or more of the prior violations involved the
52	52	burning of substances described by Subdivision (1) or (2)(A)(ii)
53	53	[tires, insulation on electrical wire or cable, treated lumber,
54	54	plastics, non-wood construction or demolition materials, heavy
55	55	oils, asphaltic materials, potentially explosive materials,
56	56	furniture, carpet, chemical wastes, or items containing natural or
57	57	synthetic rubber].
58	58	SECTION 3. The change in law made by this Act applies only
59	59	to an offense committed on or after the effective date of this Act.
60	60	An offense committed before the effective date of this Act is
61	61	governed by the law in effect on the date the offense was committed,
62	62	and the former law is continued in effect for that purpose. For
63	63	purposes of this section, an offense was committed before the
64	64	effective date of this Act if any element of the offense occurred
65	65	before that date.
66	66	SECTION 4. This Act takes effect September 1, 2015.