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


Office of House Bill AnalysisC.S.H.B. 1126
By: Rangel
Criminal Jurisprudence
4/1/2001
Committee Report (Substituted)



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.  C.S.H.B.
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

C.S.H.B. 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 provides that it is an affirmative defense to prosecution that the
person discarded the lighted item or material in connection with controlled
burning the person was conducting in the area into which the lighted item
or material was discarded.  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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1126 modifies the original by adding the affirmative defense to
prosecution.