Bill Text: TX HB1619 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the prosecution and punishment of certain outdoor burning violations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-05-26 - Effective on 9/1/17 [HB1619 Detail]
Download: Texas-2017-HB1619-Enrolled.html
H.B. No. 1619 |
|
||
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 | ||
[ |
||
(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) [ |
||
(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) | ||
[ |
||
|
||
|
||
|
||
|
||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1619 was passed by the House on April | ||
5, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1619 was passed by the Senate on May | ||
17, 2017, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |