HBA-AMW S.B. 906 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 906
By: Shapleigh
Environmental Regulation
4/12/2001
Engrossed



BACKGROUND AND PURPOSE 

Many communities across Texas, including several border communities, are
facing problems with the illegal dumping of litter and other solid waste.
Although current law penalizes those convicted of illegal dumping, the
penalties may not be stringent enough to deter some violators.  Senate Bill
906 enhances the penalties for illegal dumping, requires the payment of an
illegal dumping cleanup fee by those convicted of an illegal dumping
offense, and allows a court to order a driver's license or permit
suspension or the denial of a driver's license or permit for an illegal
dumping offense. 

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

Senate Bill 906 amends the Health and Safety Code to require a person
convicted of an illegal dumping offense to pay to the court a $5 illegal
dumping cleanup fee as a cost of the court.  The court is required to
deposit such fees to the credit of the illegal dumping cleanup account
(account).  The bill specifies that the account is an account in the
general revenue fund and authorizes the account to be appropriated only for
the enforcement of illegal dumping offenses and for the cleanup of illegal
dumping.  

The bill decreases the weight and volume requirements for certain illegal
dumping offenses.  The bill provides that an illegal dumping offense is a
Class C misdemeanor if the litter or other solid waste that is illegally
dumped weighs five pounds or less, rather than 15 pounds or less, or has a
volume of five gallons or less, rather than 13 gallons or less.  The bill
provides that an illegal dumping offense is a Class B misdemeanor if the
litter or other solid waste that is illegally dumped weighs more than five
pounds but less than 500 pounds, rather than more than 15 pounds but less
than 500 pounds, or has a volume of more than five gallons but less than
100 cubic feet, rather than more than 13 gallons but less than 100 cubic
feet. 

The bill amends the Health and Safety and Transportation codes to authorize
a court, on conviction of an illegal dumping offense, to order the
Department of Public Safety to suspend a person's driver's license or
permit or, if the person does not have a driver's license or permit, to
deny the issuance of a license or permit to the person. 

EFFECTIVE DATE

September 1, 2001.