HBA-SEP H.B. 1126 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1126
By: Rangel
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Texas has experienced severe drought in the past few years which increases
the probability of wildfires. In an annual report to the Department of
Insurance, 564 fire departments from throughout the state reported 39,770
"outside and other fires" for 1999.   That same year, outside fires were
the cause of 4 civilian fatalities, 22 fire service injuries, 104 civilian
injuries, and property loss estimated at $14,866,819. Figures show that,
while the origins of over 67 percent of outside fires in 1999 were unknown,
almost 15 percent originated from either a match or cigarette.  House Bill
1126 provides that a person commits a misdemeanor offense if the person
discards a lighted match, cigarette,  cigar, or other material onto
openspaced land, a private road or its right-of-way, a public highway or
road or its right-of-way, or onto a railroad right-of-way. 

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. 

ANALYSIS

House Bill 1126 amends the Penal Code to provide that a person commits a
misdemeanor offense if the person discards a lighted match, cigarette,
cigar, or other material onto open-spaced land, a private road or its
right-of-way, a public highway or road or its right-of-way, or onto a
railroad right-of-way.  The offense is punishable by a fine not to exceed
$100, confinement in jail for a term not to exceed 30 days, or both.  The
bill requires the operator of a public conveyance in which smoking tobacco
is allowed to post a copy of this provision in a conspicuous place within
the portions of the public conveyance in which smoking is allowed.   

EFFECTIVE DATE

September 1, 2001.