SB 2917

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
(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
(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
(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
(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
(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
(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
(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
(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.