85R9993 JRR-D     By: Buckingham S.B. No. 1915       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of certain outdoor   burning violations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 382.018, Health and Safety Code, is   amended by adding Subsection (f) to read as follows:          (f)  If conduct that violates a rule adopted under this   section also violates a municipal ordinance, that conduct may be   prosecuted only under the municipal ordinance, provided that:                (1)  the violation is not a second or subsequent   violation of a rule adopted under this section or a municipal   ordinance; and                (2)  the violation does not involve the burning of   heavy oils, asphaltic materials, potentially explosive materials,   or chemical wastes.          SECTION 2.  Section 7.187(b), Water Code, is amended to read   as follows:          (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 violation is a first   violation and does not involve the burning of heavy oils, asphaltic   materials, potentially explosive materials, or chemical wastes   [waste is not a substance described by Subdivision (3)];                (2)  a Class B misdemeanor if the violation is a second   or subsequent violation and:                      (A)  the violation does not involve the burning   of:                            (i)  substances described by Subdivision   (1); or                            (ii)  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                      (B)  the violation involves the burning of   substances described by Paragraph (A)(ii) and none of the prior   violations involved the burning of substances described by   Subdivision (1) or Paragraph (A)(ii) [under Subdivision (1)]; or                (3)  a Class A misdemeanor if the violation:                      (A)  involves the burning of substances described   by Subdivision (1); or                      (B)  is a second or subsequent violation and   involves the burning of substances described by Subdivision   (2)(A)(ii) and one or more of the prior violations involved the   burning of substances described by Subdivision (1) or (2)(A)(ii)   [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].          SECTION 3.  The change in law made by this Act applies 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 4.  This Act takes effect September 1, 2017.