| 1 | 1 | | 85R9993 JRR-D |
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| 2 | 2 | | By: Buckingham S.B. No. 1915 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution and punishment of certain outdoor |
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| 8 | 8 | | burning violations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 382.018, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsection (f) to read as follows: |
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| 12 | 12 | | (f) If conduct that violates a rule adopted under this |
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| 13 | 13 | | section also violates a municipal ordinance, that conduct may be |
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| 14 | 14 | | prosecuted only under the municipal ordinance, provided that: |
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| 15 | 15 | | (1) the violation is not a second or subsequent |
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| 16 | 16 | | violation of a rule adopted under this section or a municipal |
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| 17 | 17 | | ordinance; and |
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| 18 | 18 | | (2) the violation does not involve the burning of |
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| 19 | 19 | | heavy oils, asphaltic materials, potentially explosive materials, |
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| 20 | 20 | | or chemical wastes. |
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| 21 | 21 | | SECTION 2. Section 7.187(b), Water Code, is amended to read |
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| 22 | 22 | | as follows: |
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| 23 | 23 | | (b) Notwithstanding Section 7.177(a)(5), conviction for an |
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| 24 | 24 | | offense under Section 382.018, Health and Safety Code, is |
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| 25 | 25 | | punishable as: |
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| 26 | 26 | | (1) a Class C misdemeanor if the violation is a first |
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| 27 | 27 | | violation and does not involve the burning of heavy oils, asphaltic |
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| 28 | 28 | | materials, potentially explosive materials, or chemical wastes |
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| 29 | 29 | | [waste is not a substance described by Subdivision (3)]; |
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| 30 | 30 | | (2) a Class B misdemeanor if the violation is a second |
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| 31 | 31 | | or subsequent violation and: |
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| 32 | 32 | | (A) the violation does not involve the burning |
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| 33 | 33 | | of: |
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| 34 | 34 | | (i) substances described by Subdivision |
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| 35 | 35 | | (1); or |
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| 36 | 36 | | (ii) insulation on electrical wire or |
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| 37 | 37 | | cable, treated lumber, plastics, non-wood construction or |
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| 38 | 38 | | demolition materials, furniture, carpet, or items containing |
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| 39 | 39 | | natural or synthetic rubber; or |
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| 40 | 40 | | (B) the violation involves the burning of |
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| 41 | 41 | | substances described by Paragraph (A)(ii) and none of the prior |
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| 42 | 42 | | violations involved the burning of substances described by |
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| 43 | 43 | | Subdivision (1) or Paragraph (A)(ii) [under Subdivision (1)]; or |
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| 44 | 44 | | (3) a Class A misdemeanor if the violation: |
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| 45 | 45 | | (A) involves the burning of substances described |
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| 46 | 46 | | by Subdivision (1); or |
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| 47 | 47 | | (B) is a second or subsequent violation and |
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| 48 | 48 | | involves the burning of substances described by Subdivision |
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| 49 | 49 | | (2)(A)(ii) and one or more of the prior violations involved the |
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| 50 | 50 | | burning of substances described by Subdivision (1) or (2)(A)(ii) |
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| 51 | 51 | | [tires, insulation on electrical wire or cable, treated lumber, |
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| 52 | 52 | | plastics, non-wood construction or demolition materials, heavy |
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| 53 | 53 | | oils, asphaltic materials, potentially explosive materials, |
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| 54 | 54 | | furniture, carpet, chemical wastes, or items containing natural or |
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| 55 | 55 | | synthetic rubber]. |
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| 56 | 56 | | SECTION 3. The change in law made by this Act applies only |
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| 57 | 57 | | to an offense committed on or after the effective date of this Act. |
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| 58 | 58 | | An offense committed before the effective date of this Act is |
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| 59 | 59 | | governed by the law in effect on the date the offense was committed, |
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| 60 | 60 | | and the former law is continued in effect for that purpose. For |
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| 61 | 61 | | purposes of this section, an offense was committed before the |
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| 62 | 62 | | effective date of this Act if any element of the offense occurred |
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| 63 | 63 | | before that date. |
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| 64 | 64 | | SECTION 4. This Act takes effect September 1, 2017. |
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