SB2917 - Relating to the penalties for certain littering offenses.

      By: Miles S.B. No. 2917               A BILL TO BE ENTITLED   AN ACT   relating to the penalties for certain littering offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 365.012(d), (e), (f), (h), and (s),   Health and Safety Code, are amended to read as follows:          (d)  An offense under Subsection (a), (b), or (c) is a Class C   misdemeanor punishable by a fine not to exceed $2,000, except that   the offense is:                 (1)     a Class B misdemeanor punishable by a fine not to   exceed $5,000 if it is shown on the trial of the offense that the   defendant has previously been convicted one time of an offense   under Subsection (a), (b), or (c) and the litter or solid waste to   which the offense applies weighs five pounds or more or has a volume   of five gallons or more;                 (2)     a Class A misdemeanor punishable by a fine not to   exceed $10,000 if it is shown on the trial of the offense that the   defendant has previously been convicted two times of an offense   under Subsection (a), (b), or (c) and the litter or solid waste to   which the offense applies weighs five pounds or more or has a volume   of five gallons or more; or                 (3)     a Class A misdemeanor punishable by a fine equal to   the amount of the fine for the preceding conviction plus $10,000 if   it is shown on the trial of the offense that the defendant has   previously been convicted more than two times of an offense under   Subsection (a), (b), or (c) and the litter or solid waste to which   the offense applies weighs five pounds or more or has a volume of   five gallons or more [ if the litter or other solid waste to which   the offense applies weighs five pounds or less or has a volume of   five gallons or less ].          (e)   A fine under Subsection (d)(3) may not exceed $50,000   [ An offense under Subsection (a), (b), or (c) is a Class B   misdemeanor if the litter or other solid waste to which the offense   applies weighs more than five pounds but less than 500 pounds or has   a volume of more than five gallons but less than 100 cubic feet ].          (f)  An offense under Subsection (a-1) [ this section ] is a   Class A misdemeanor if:                (1)  the litter or other solid waste to which the   offense applies 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; or                (2)  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 gallons but less than   200 cubic feet.          (h)  If it is shown on the trial of the defendant for an   offense under Subsection (a-1) [ this section ] that the defendant   has previously been convicted of an offense under Subsection (a-1)   [ this section ], the punishment for the offense is increased to the   punishment for the next highest category.          (s)  On conviction of an offense under this section, the   court shall require the defendant, in addition to any fine or other   penalty, to :                 (1)   perform community service as provided by Article   42A.304(e), Code of Criminal Procedure ; and                 (2)     reimburse the county or municipality, as   applicable, for any costs incurred in cleaning up the litter or   other solid waste that is the subject of the offense .          SECTION 2.  The changes in law made by this Act apply 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 governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 3.  This Act takes effect September 1, 2025.