Sec. 7.187. PENALTIES. (a) Except as provided by Subsection (b), a person convicted of an offense under this subchapter is punishable by:
(1) a fine, as imposed under the section creating the offense, of:
(A) not more than $1,000;
(B) not less than $1,000 or more than $50,000;
(C) not less than $1,000 or more than $100,000;
(D) not less than $1,000 or more than $250,000;
(E) not less than $2,000 or more than $500,000;
(F) not less than $5,000 or more than $1,000,000;
(G) not less than $10,000 or more than $1,500,000; or
(H) not more than twice the amount of the required fee;
(2) confinement for a period, as imposed by the section creating the offense, not to exceed:
(A) 30 days;
(B) 90 days;
(C) 180 days;
(D) one year;
(E) two years;
(F) five years;
(G) 10 years;
(H) 15 years;
(I) 20 years; or
(J) 30 years; or
(3) both fine and confinement, as imposed by the section creating the offense.
(b) Notwithstanding Section 7.177(a)(5), conviction for an offense under Section 382.018, Health and Safety Code, is punishable as:
(1) a Class C misdemeanor if the waste is not a substance described by Subdivision (3);
(2) a Class B misdemeanor if the violation is a second or subsequent violation under Subdivision (1);
(3) a Class A misdemeanor if the violation involves the burning of tires, insulation on electrical wire or cable, treated lumber, plastics, non-wood construction or demolition materials, heavy oils, asphaltic materials, potentially explosive materials, furniture, carpet, chemical wastes, or items containing natural or synthetic rubber.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1264 (H.B. 857), Sec. 1, eff. September 1, 2009.
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