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AN ACT
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relating to the prosecution and punishment of certain outdoor |
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burning violations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.018, Health and Safety Code, is |
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amended by adding Subsections (f) and (g) to read as follows: |
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(f) If conduct that violates a rule adopted under this |
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section also violates a municipal ordinance, that conduct may be |
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prosecuted only under the municipal ordinance, provided that: |
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(1) the violation is not a second or subsequent |
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violation of a rule adopted under this section or a municipal |
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ordinance; and |
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(2) the violation does not involve the burning of |
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heavy oils, asphaltic materials, potentially explosive materials, |
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or chemical wastes. |
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(g) Notwithstanding Section 7.002, Water Code, the |
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provisions of this section and rules adopted under this section may |
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be enforced by a peace officer as described by Article 2.12, Code of |
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Criminal Procedure. |
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SECTION 2. Section 7.187(b), Water Code, is amended to read |
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as follows: |
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(b) Notwithstanding Section 7.177(a)(5), conviction for an |
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offense under Section 382.018, Health and Safety Code, is |
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punishable as: |
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(1) a Class C misdemeanor if the violation is a first |
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violation and does not involve the burning of heavy oils, asphaltic |
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materials, potentially explosive materials, or chemical wastes |
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[waste is not a substance described by Subdivision (3)]; |
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(2) a Class B misdemeanor if the violation is a second |
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or subsequent violation and: |
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(A) the violation does not involve the burning |
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of: |
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(i) substances described by Subdivision |
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(1); or |
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(ii) insulation on electrical wire or |
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cable, treated lumber, plastics, non-wood construction or |
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demolition materials, furniture, carpet, or items containing |
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natural or synthetic rubber; or |
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(B) the violation involves the burning of |
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substances described by Paragraph (A)(ii) and none of the prior |
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violations involved the burning of substances described by |
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Subdivision (1) or Paragraph (A)(ii) [under Subdivision (1)]; or |
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(3) a Class A misdemeanor if the violation: |
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(A) involves the burning of substances described |
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by Subdivision (1); or |
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(B) is a second or subsequent violation and |
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involves the burning of substances described by Subdivision |
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(2)(A)(ii) and one or more of the prior violations involved the |
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burning of substances described by Subdivision (1) or (2)(A)(ii) |
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[tires, insulation on electrical wire or cable, treated lumber,
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plastics, non-wood construction or demolition materials, heavy
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oils, asphaltic materials, potentially explosive materials,
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furniture, carpet, chemical wastes, or items containing natural or
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synthetic rubber]. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1619 was passed by the House on April |
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5, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1619 was passed by the Senate on May |
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17, 2017, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |