By: Shine (Senate Sponsor - Buckingham) H.B. No. 1619
(In the Senate - Received from the House April 6, 2017;
April 19, 2017, read first time and referred to Committee on
Natural Resources & Economic Development; May 4, 2017, reported
favorably by the following vote: Yeas 11, Nays 0; May 4, 2017, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of certain outdoor
burning violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.018, Health and Safety Code, is
amended by adding Subsections (f) and (g) to read as follows:
(f) If conduct that violates a rule adopted under this
section also violates a municipal ordinance, that conduct may be
prosecuted only under the municipal ordinance, provided that:
(1) the violation is not a second or subsequent
violation of a rule adopted under this section or a municipal
ordinance; and
(2) the violation does not involve the burning of
heavy oils, asphaltic materials, potentially explosive materials,
or chemical wastes.
(g) Notwithstanding Section 7.002, Water Code, the
provisions of this section and rules adopted under this section may
be enforced by a peace officer as described by Article 2.12, Code of
Criminal Procedure.
SECTION 2. 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) 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 3. 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 4. This Act takes effect September 1, 2017.
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