Texas Health & Safety Code - Section 365.012. Illegal Dumping; Criminal Penalties
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Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 365.012. Illegal Dumping; Criminal Penalties
§ 365.012. ILLEGAL DUMPING; CRIMINAL PENALTIES. (a) A
person commits an offense if the person disposes or allows or
permits the disposal of litter or other solid waste at a place that
is not an approved solid waste site, including a place on or within
300 feet of a public highway, on a right-of-way, on other public or
private property, or into inland or coastal water of the state.
(b) A person commits an offense if the person receives
litter or other solid waste for disposal at a place that is not an
approved solid waste site, regardless of whether the litter or
other solid waste or the land on which the litter or other solid
waste is disposed is owned or controlled by the person.
(c) A person commits an offense if the person transports
litter or other solid waste to a place that is not an approved solid
waste site for disposal at the site.
(d) An offense under this section is a Class C misdemeanor
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) An offense under this section 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 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.
(g) An offense under this section is a state jail felony if
the litter or solid waste to which the offense applies:
(1) weighs 1,000 pounds or more or has a volume of 200
cubic feet or more;
(2) is disposed of for a commercial purpose and weighs
200 pounds or more or has a volume of 200 cubic feet or more; or
(3) is contained in a closed barrel or drum.
(h) If it is shown on the trial of the defendant for an
offense under this section that the defendant has previously been
convicted of an offense under this section, the punishment for the
offense is increased to the punishment for the next highest
category.
(i) On conviction for an offense under this section, the
court shall provide to the defendant written notice that a
subsequent conviction for an offense under this section may result
in the forfeiture under Chapter 59, Code of Criminal Procedure, of
the vehicle used by the defendant in committing the offense.
(j) The offenses prescribed by this section include the
unauthorized disposal of litter or other solid waste in a dumpster
or similar receptacle.
(k) This section does not apply to the temporary storage for
future disposal of litter or other solid waste by a person on land
owned by that person, or by that person's agent. The commission by
rule shall regulate temporary storage for future disposal of litter
or other solid waste by a person on land owned by the person or the
person's agent.
(l) This section does not apply to an individual's disposal
of litter or other solid waste if:
(1) the litter or waste is generated on land the
individual owns;
(2) the litter or waste is not generated as a result of
an activity related to a commercial purpose;
(3) the disposal occurs on land the individual owns;
and
(4) the disposal is not for a commercial purpose.
(m) A municipality or county may offer a reward of $50 for
reporting a violation of this section that results in a prosecution
under this section.
(n) An offense under this section may be prosecuted without
alleging or proving any culpable mental state, unless the offense
is a state jail felony.
(o) For purposes of a prosecution under Subsection (g), a
generator creates a rebuttable presumption of lack of culpable
mental state if the generator of the solid waste to be disposed of
secures, prior to the hauler's receipt of the solid waste, a signed
statement from the hauler that the solid waste will be disposed of
legally. The statement shall include the hauler's valid Texas
driver's license number.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 8.161, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, § 2, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 828, § 3, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 76, § 17.01(28), eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 286, § 2, eff. May 26, 1997; Acts 2001,
77th Leg., ch. 995, § 1, eff. Sept. 1, 2001.
Section: 364.058 365.001 365.002 365.003 365.004 365.005 365.011 365.012 365.013 365.014 365.015 365.016 365.017 365.031 365.032
Last modified: August 11, 2007
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