HBA-AMW C.S.H.B. 631 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 631
By: Turner, Sylvester
Environmental Regulation
3/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Illegal dumping, or the disposal of litter and solid waste in an
unpermitted area, raises concerns regarding risks to public health and
safety, decreasing property values, and diminishing quality of life.
Although current law penalizes those convicted of illegal dumping, several
communities in Texas have witnessed an increase in illegal dumping.
C.S.H.B. 631 decreases the minimum weights of litter or other solid waste
that constitute certain offenses of illegal dumping and authorizes the
prosecution of a misdemeanor offense without alleging or proving any
culpable mental state. 

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. 631 amends the Health and Safety Code to increase the penalties
for illegal dumping.  The bill modifies the standards for misdemeanor
offenses by decreasing the weight and volume limitations for litter or
other solid waste that is illegally dumped.  The bill provides that illegal
dumping is a state jail felony if the litter or solid waste that is
illegally dumped weighs 1,000 pounds or more or has a volume of 200 cubic
feet or more, is disposed of for a commercial purpose and weighs 200 pounds
or more or has a volume of 200 cubic feet or more, or is contained in a
closed barrel or drum. The bill also authorizes prosecution of an illegal
dumping misdemeanor offense without alleging or proving any culpable mental
state. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 631 modifies the original bill by clarifying that the state jail
felony provisions apply to litter or solid waste that weighs 200 pounds or
more or has a volume of 200 cubic feet or more for a commercial purpose or
litter or solid waste that is contained in a closed barrel or drum.  The
substitute lowers the weight from 1,000 to 200 pounds for the misdemeanor
offense of illegal dumping of commercial waste. The substitute also
modifies the original by specifying that an illegal dumping offense
authorized to be prosecuted without alleging or proving any culpable mental
state is limited to misdemeanor offenses.