HBA-RBT H.B. 1040 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1040 By: Rangel Criminal Jurisprudence 3/27/1999 Introduced BACKGROUND AND PURPOSE In the past few years, Texas has been marked by severe drought conditions. Wildfires can be a concern in areas suffering from drought. In an annual report to the Department of Insurance, 555 fire departments reported 38,389 "outside & other fires." As defined in the report, "outside & other fires include rubbish, trees, brush, and grass fires, as well as any other type not considered as a vehicle or a structure fire." The statistics show that 20 percent of all the outside fires in 1997 originated from either a match or cigarette as the heat source. H.B. 1040 imposes a fine and possible jail time upon a person that discards lighted material, including a match or cigarette. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 28, Penal Code, by adding section 28.09, as follows: Sec. 28.09. DISCARDING LIGHTED MATERIALS. Provides that a person commits a misdemeanor punishable by a fine up to $100, up to 30 days in jail, or both, if the person discards a lighted match, cigarette, cigar, or other material onto open-space land, a road, the right-of-way of a road, or onto a railroad right-of-way. Requires the operator of a public conveyance in which smoking tobacco is allowed to post a copy of this section in a conspicuous place within the portions of the public conveyance in which smoking tobacco is allowed. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.