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.