Texas 2017 - 85th Regular

Texas House Bill HB1619 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Shine (Senate Sponsor - Buckingham) H.B. No. 1619
2		-	(In the Senate - Received from the House April 6, 2017;
3		-	April 19, 2017, read first time and referred to Committee on
4		-	Natural Resources & Economic Development; May 4, 2017, reported
5		-	favorably by the following vote: Yeas 11, Nays 0; May 4, 2017, sent
6		-	to printer.)
	1	+	H.B. No. 1619
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the prosecution and punishment of certain outdoor
12	6		burning violations.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 382.018, Health and Safety Code, is
15	9		amended by adding Subsections (f) and (g) to read as follows:
16	10		(f) If conduct that violates a rule adopted under this
17	11		section also violates a municipal ordinance, that conduct may be
18	12		prosecuted only under the municipal ordinance, provided that:
19	13		(1) the violation is not a second or subsequent
20	14		violation of a rule adopted under this section or a municipal
21	15		ordinance; and
22	16		(2) the violation does not involve the burning of
23	17		heavy oils, asphaltic materials, potentially explosive materials,
24	18		or chemical wastes.
25	19		(g) Notwithstanding Section 7.002, Water Code, the
26	20		provisions of this section and rules adopted under this section may
27	21		be enforced by a peace officer as described by Article 2.12, Code of
28	22		Criminal Procedure.
29	23		SECTION 2. Section 7.187(b), Water Code, is amended to read
30	24		as follows:
31	25		(b) Notwithstanding Section 7.177(a)(5), conviction for an
32	26		offense under Section 382.018, Health and Safety Code, is
33	27		punishable as:
34	28		(1) a Class C misdemeanor if the violation is a first
35	29		violation and does not involve the burning of heavy oils, asphaltic
36	30		materials, potentially explosive materials, or chemical wastes
37	31		[waste is not a substance described by Subdivision (3)];
38	32		(2) a Class B misdemeanor if the violation is a second
39	33		or subsequent violation and:
40	34		(A) the violation does not involve the burning
41	35		of:
42	36		(i) substances described by Subdivision
43	37		(1); or
44	38		(ii) insulation on electrical wire or
45	39		cable, treated lumber, plastics, non-wood construction or
46	40		demolition materials, furniture, carpet, or items containing
47	41		natural or synthetic rubber; or
48	42		(B) the violation involves the burning of
49	43		substances described by Paragraph (A)(ii) and none of the prior
50	44		violations involved the burning of substances described by
51	45		Subdivision (1) or Paragraph (A)(ii) [under Subdivision (1)]; or
52	46		(3) a Class A misdemeanor if the violation:
53	47		(A) involves the burning of substances described
54	48		by Subdivision (1); or
55	49		(B) is a second or subsequent violation and
56	50		involves the burning of substances described by Subdivision
57	51		(2)(A)(ii) and one or more of the prior violations involved the
58	52		burning of substances described by Subdivision (1) or (2)(A)(ii)
59	53		[tires, insulation on electrical wire or cable, treated lumber,
60	54		plastics, non-wood construction or demolition materials, heavy
61	55		oils, asphaltic materials, potentially explosive materials,
62	56		furniture, carpet, chemical wastes, or items containing natural or
63	57		synthetic rubber].
64	58		SECTION 3. The change in law made by this Act applies only
65	59		to an offense committed on or after the effective date of this Act.
66	60		An offense committed before the effective date of this Act is
67	61		governed by the law in effect on the date the offense was committed,
68	62		and the former law is continued in effect for that purpose. For
69	63		purposes of this section, an offense was committed before the
70	64		effective date of this Act if any element of the offense occurred
71	65		before that date.
72	66		SECTION 4. This Act takes effect September 1, 2017.
73		-	* * * * *
	67	+	______________________________ ______________________________
	68	+	President of the Senate Speaker of the House
	69	+	I certify that H.B. No. 1619 was passed by the House on April
	70	+	5, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not
	71	+	voting.
	72	+	______________________________
	73	+	Chief Clerk of the House
	74	+	I certify that H.B. No. 1619 was passed by the Senate on May
	75	+	17, 2017, by the following vote: Yeas 30, Nays 0.
	76	+	______________________________
	77	+	Secretary of the Senate
	78	+	APPROVED: _____________________
	79	+	Date
	80	+	_____________________
	81	+	Governor