Bill

HB 1619

85(R) - 2017
House Environmental Regulation
Senate Natural Resources & Economic Development
Read Bill & Check Bill Status
House Environmental Regulation
Senate Natural Resources & Economic Development
Environment
Criminal Procedure

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Hugh Shine

Sponsor(s)

Dawn Buckingham

Bill Caption

Relating to the prosecution and punishment of certain outdoor burning violations.


Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

This bill would modify parts of the code that pertain to the unlawful burning of waste or hazardous material. First, it would clarify that a first time offense which violates municipal law and a TCEQ rule would only be prosecuted under municipal law for a first offence that does not involve the burning of certain enumerated hazardous materials.

Under current law, a first time offense is generally a Class C misdemeanor, a second or subsequent offense is generally a Class B misdemeanor, and an offense involving the burning of certain hazardous materials is a Class A misdemeanor. 

HB 1619 would further clarify the trigger point at which the burning of certain hazardous materials would escalate to a Class A misdemeanor. For instance, a second or subsequent offense would escalate from a Class B to a Class A misdemeanor if the materials burned were insulation on electrical wire or cable, treated lumber, plastics, non-wood construction or demolition materials, furniture, carpet, or items containing natural or synthetic rubber, or a number of other specific hazardous materials.

Vote Recommendation Notes

It is within the proper role of government to regulate the potentially harmful fumes arising from the unlawful burning of waste or hazardous material. This bill does not necessarily impose stricter penalties as much as it moves the threshold for escalating to a Class A misdemeanor. HB 1619 does not have a measurable impact on our liberty principles, therefore we will remain neutral.