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.