HBA-AMW C.S.S.B. 906 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 906 By: Shapleigh Environmental Regulation 5/11/2001 Committee Report (Substituted) 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. C.S.S.B. 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 C.S.S.B. 906 amends the Health and Safety Code to require a person convicted of an illegal dumping offense to pay to the court a $50 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. C.S.S.B. 906 provides that an illegal dumping offense is a Class A misdemeanor if the litter or other solid waste that is illegally dumped weighs 500 pounds or more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet. The bill provides that an illegal dumping offense is a Class A misdemeanor if the litter or other solid waste is disposed for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five, rather than 13, gallons but less than 200 cubic feet. The bill provides that an illegal dumping offense 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 volume of 200 cubic feet or more, or is contained in a closed barrel or drum. The bill authorizes an illegal dumping offense to be prosecuted without alleging or proving any culpable mental state, unless the offense is a state jail felony. The bill amends the Health and Safety and Transportation codes to authorize a court, on conviction of a person for an illegal dumping offense, to order the Department of Public Safety to suspend the 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 906 modifies the original bill by increasing from $5 to $50 the illegal dumping cleanup fee. The substitute also adds provisions regarding Class A misdemeanor and state jail felony illegal dumping offenses.