H.B. No. 857

	AN ACT
	relating to the penalty for certain outdoor burning violations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 7.187, Water Code, is amended to read as
	follows:
	Sec. 7.187.  PENALTIES. (a)  Except as provided by
	Subsection (b), a [A] person convicted of an offense under this
	subchapter is punishable by:
	(1)  a fine, as imposed under the section creating the
	offense, of:
	(A)  not more than $1,000;
	(B)  not less than $1,000 or more than $50,000;
	(C)  not less than $1,000 or more than $100,000;
	(D)  not less than $1,000 or more than $250,000;
	(E)  not less than $2,000 or more than $500,000;
	(F)  not less than $5,000 or more than $1,000,000;
	(G)  not less than $10,000 or more than
	$1,500,000; or
	(H)  not more than twice the amount of the
	required fee;
	(2)  confinement for a period, as imposed by the
	section creating the offense, not to exceed:
	(A)  30 days;
	(B)  90 days;
	(C)  180 days;
	(D)  one year;
	(E)  two years;
	(F)  five years;
	(G)  10 years;
	(H)  15 years;
	(I)  20 years; or
	(J)  30 years; or
	(3)  both fine and confinement, as imposed by the
	section creating the offense.
	(b)  Notwithstanding Section 7.177(a)(5), conviction for an
	offense under Section 382.018, Health and Safety Code, is
	punishable as:
	(1)  a Class C misdemeanor if the waste is not a
	substance described by Subdivision (3);
	(2)  a Class B misdemeanor if the violation is a second
	or subsequent violation under Subdivision (1);
	(3)  a Class A misdemeanor if the violation involves
	the burning of tires, insulation on electrical wire or cable,
	treated lumber, plastics, non-wood construction or demolition
	materials, heavy oils, asphaltic materials, potentially explosive
	materials, furniture, carpet, chemical wastes, or items containing
	natural or synthetic rubber.
	SECTION 2.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	covered by the law in effect when the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this section, an offense is committed before the effective date of
	this Act if any element of the offense occurs before the effective
	date.
	SECTION 3.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 857 was passed by the House on April
	22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 857 on May 29, 2009, by the following vote:  Yeas 143, Nays 0, 1
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 857 was passed by the Senate, with
	amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor