H.B. No. 1884
AN ACT
relating to the penalties for certain littering offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.304(e), Code of Criminal Procedure,
is amended to read as follows:
(e) A defendant required to perform community service under
this article after conviction of an offense under Section 352.082,
Local Government Code, or Section 365.012, 365.013, or 365.016,
Health and Safety Code, shall perform the amount of service ordered
by the court, which may not exceed 60 hours [of service]. The
community service must consist of picking up litter in the county in
which the defendant resides or working at a recycling facility if a
program for performing that type of service is available in the
community in which the court is located. A court may credit the
amount of community service performed by a defendant under this
subsection toward any amount of community service the defendant is
ordered to perform under another provision of this code as a result
of the defendant's inability to pay a fine or cost imposed in the
judgment for the applicable offense.
SECTION 2. Section 365.012, Health and Safety Code, is
amended by adding Subsection (s) to read as follows:
(s) On conviction of an offense under this section, the
court shall require the defendant, in addition to any fine or other
penalty, to perform community service as provided by Article
42A.304(e), Code of Criminal Procedure.
SECTION 3. Section 365.013, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) On conviction of an offense under this section, the
court shall require the defendant, in addition to any fine or other
penalty, to perform community service as provided by Article
42A.304(e), Code of Criminal Procedure.
SECTION 4. Section 365.016, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) On conviction of an offense under this section, the
court shall require the defendant, in addition to any fine or other
penalty, to perform community service as provided by Article
42A.304(e), Code of Criminal Procedure.
SECTION 5. The changes in law made by this Act apply 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 6. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1884 was passed by the House on May 6,
2017, by the following vote: Yeas 135, Nays 5, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1884 on May 24, 2017, by the following vote: Yeas 136, Nays 7,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1884 was passed by the Senate, with
amendments, on May 22, 2017, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor