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Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-365-litter

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND

WATER

CHAPTER 365. LITTER

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 365.001. SHORT TITLE. This chapter may be cited as the

Texas Litter Abatement Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.002. WATER POLLUTION CONTROLLED BY WATER CODE. The

pollution of water in the state is controlled by Chapter 26,

Water Code, and other applicable law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.003. LITTER ON BEACHES CONTROLLED BY NATURAL RESOURCES

CODE. The regulation of litter on public beaches is controlled

by Subchapters C and D, Chapter 61, Natural Resources Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.004. DISPOSAL OF GARBAGE, REFUSE, AND SEWAGE IN CERTAIN

AREAS UNDER CONTROL OF PARKS AND WILDLIFE DEPARTMENT. The Parks

and Wildlife Commission may adopt rules to govern the disposal of

garbage, refuse, and sewage in state parks, public water in state

parks, historic sites, scientific areas, and forts under the

control of the Parks and Wildlife Department.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.005. VENUE AND RECOVERY OF COSTS. (a) Venue for the

prosecution of a criminal offense under Subchapter B or Section

365.032 or 365.033 or for a suit for injunctive relief under any

of those provisions is in the county in which the defendant

resides, in the county in which the offense or the violation

occurs, or in Travis County.

(b) If the attorney general or a local government brings a suit

for injunctive relief under Subchapter B or Section 365.032 or

365.033, a prevailing party may recover its reasonable attorney

fees, court costs, and reasonable investigative costs incurred in

relation to the proceeding.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 125, eff. Sept. 1,

1991.

SUBCHAPTER B. CERTAIN ACTIONS PROHIBITED

Sec. 365.011. DEFINITIONS. In this subchapter:

(1) "Approved solid waste site" means:

(A) a solid waste site permitted or registered by the Texas

Natural Resource Conservation Commission;

(B) a solid waste site licensed by a county under Chapter 361;

or

(C) a designated collection area for ultimate disposal at a

permitted or licensed municipal solid waste site.

(2) "Boat" means a vehicle, including a barge, airboat,

motorboat, or sailboat, used for transportation on water.

(3) "Commercial purpose" means the purpose of economic gain.

(4) "Commercial vehicle" means a vehicle that is operated by a

person for a commercial purpose or that is owned by a business or

commercial enterprise.

(5) "Dispose" and "dump" mean to discharge, deposit, inject,

spill, leak, or place litter on or into land or water.

(6) "Litter" means:

(A) decayable waste from a public or private establishment,

residence, or restaurant, including animal and vegetable waste

material from a market or storage facility handling or storing

produce or other food products, or the handling, preparation,

cooking, or consumption of food, but not including sewage, body

wastes, or industrial by-products; or

(B) nondecayable solid waste, except ashes, that consists of:

(i) combustible waste material, including paper, rags, cartons,

wood, excelsior, furniture, rubber, plastics, yard trimmings,

leaves, or similar materials;

(ii) noncombustible waste material, including glass, crockery,

tin or aluminum cans, metal furniture, and similar materials that

do not burn at ordinary incinerator temperatures of 1800 degrees

Fahrenheit or less; and

(iii) discarded or worn-out manufactured materials and

machinery, including motor vehicles and parts of motor vehicles,

tires, aircraft, farm implements, building or construction

materials, appliances, and scrap metal.

(7) "Motor vehicle" has the meaning assigned by Section 541.201,

Transportation Code.

(8) "Public highway" means the entire width between property

lines of a road, street, way, thoroughfare, bridge, public beach,

or park in this state, not privately owned or controlled, if any

part of the road, street, way, thoroughfare, bridge, public

beach, or park:

(A) is opened to the public for vehicular traffic;

(B) is used as a public recreational area; or

(C) is under the state's legislative jurisdiction through its

police power.

(9) "Solid waste" has the meaning assigned by Section 361.003.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 1, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.111, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.206, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 286, Sec. 1, eff. May

26, 1997.

Sec. 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, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 2, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 828, Sec. 3, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 17.01(28), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 286, Sec. 2, eff. May 26,

1997; Acts 2001, 77th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2001.

Sec. 365.013. RULES AND STANDARDS; CRIMINAL PENALTY. (a) The

Texas Natural Resource Conservation Commission shall adopt rules

and standards regarding processing and treating litter disposed

in violation of this subchapter.

(b) A person commits an offense if the person violates a rule

adopted under this section.

(c) An offense under this section is a Class A misdemeanor.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.112,

eff. Sept. 1, 1995.

Sec. 365.014. APPLICATION OF SUBCHAPTER; DEFENSES; PRESUMPTIONS.

(a) This subchapter does not apply to farmers:

(1) in handling anything necessary to grow, handle, and care for

livestock; or

(2) in erecting, operating, and maintaining improvements

necessary to handle, thresh, and prepare agricultural products or

for conservation projects.

(b) A person who dumps more than five pounds or 13 gallons of

litter or other solid waste from a commercial vehicle in

violation of this subchapter is presumed to be dumping the litter

or other solid waste for a commercial purpose.

(c) It is an affirmative defense to prosecution under Section

365.012 that:

(1) the storage, processing, or disposal took place on land

owned or leased by the defendant;

(2) the defendant received the litter or other solid waste from

another person;

(3) the defendant, after exercising due diligence, did not know

and reasonably could not have known that litter or other solid

waste was involved; and

(4) the defendant did not receive, directly or indirectly,

compensation for the receipt, storage, processing, or treatment.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 3, eff.

Sept. 1, 1993.

Sec. 365.015. INJUNCTION; VENUE; RECOVERY OF COSTS. (a) A

district attorney, a county attorney, or the attorney general may

bring a civil suit for an injunction to prevent or restrain a

violation of this subchapter. A person affected or to be affected

by a violation is entitled to seek injunctive relief to enjoin

the violation.

(b) Venue for a prosecution of a criminal offense under this

subchapter or for a civil suit for injunctive relief under this

subchapter is in the county in which the defendant resides, the

county in which the offense or violation occurred, or in Travis

County.

(c) In a suit for relief under this section, the prevailing

party may recover its reasonable attorney fees, court costs, and

reasonable investigative costs incurred in relation to the

proceeding.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991.

Sec. 365.016. DISPOSAL OF LITTER IN A CAVE; CRIMINAL PENALTY.

(a) A person commits an offense if the person disposes litter, a

dead animal, sewage, or any chemical in a cave.

(b) An offense under this section is a Class C misdemeanor

unless:

(1) it is shown on the trial of the defendant that the defendant

previously has been convicted once of an offense under this

section, in which event the offense is a Class A misdemeanor; or

(2) it is shown on the trial of the defendant that the defendant

previously has been convicted two or more times of an offense

under this section, in which event the offense is a felony of the

third degree.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991.

Sec. 365.017. REGULATION OF LITTER IN CERTAIN COUNTIES. (a)

The commissioners court of a county may adopt regulations to

control the disposal of litter and the removal of illegally

dumped litter from private property in unincorporated areas of

that county. The commissioners court may not adopt regulations

under this section concerning the disposal of recyclable

materials as defined in Chapter 361 of the Health and Safety

Code.

(b) Prior to the adoption of regulations the commissioners court

of a county must find that the proposed regulations are necessary

to promote the public health, safety, and welfare of the

residents of that county.

(c) The definitions of Section 365.011 apply in this Act.

"Illegally dumped litter" means litter dumped anywhere other than

in an approved solid waste site. "Litter" has the meaning

assigned by Section 365.011, except that the term does not

include equipment used for agricultural purposes.

(d) The regulations adopted by the commissioners court may

require the record property owners to pay for the cost of removal

after the commissioners court has given the record property owner

30 days written notice to remove the illegally dumped litter.

(e) Regulations adopted under this section are in addition to

any other law regarding this issue and the stricter law shall

apply.

(f) In addition to any other remedy provided by law, a district

attorney, a county attorney, or the attorney general may bring a

civil suit to enjoin violation of regulations adopted under this

section and to recover the costs of removal of illegally dumped

litter. In such a suit the prevailing party may recover its

reasonable attorney fees, court fees, and reasonable

investigative costs incurred in relation to that proceeding.

Added by Acts 1993, 73rd Leg., ch. 828, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 439, Sec. 1, eff. June

9, 1995.

SUBCHAPTER C. SPECIAL PROVISIONS

Sec. 365.031. LITTER, GARBAGE, REFUSE, AND RUBBISH IN LAKE

SABINE. The governing body of Port Arthur by ordinance may

prohibit the depositing or placing of litter, garbage, refuse, or

rubbish into or on the waters of Lake Sabine within the municipal

limits.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.032. THROWING CERTAIN SUBSTANCES IN OR NEAR LAKE LAVON;

CRIMINAL PENALTY. (a) The definitions provided by Section

365.011 apply to this section.

(b) A person commits an offense if the person throws, leaves, or

causes to be thrown or left wastepaper, glass, metal, a tin can,

refuse, garbage, waste, discarded or soiled personal property, or

any other noxious or poisonous substance in the water of or near

Lake Lavon in Collin County if the substance is detrimental to

fish or to a person fishing in Lake Lavon.

(c) An offense under this section is a Class C misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

section, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.033. DISCARDING REFUSE IN CERTAIN COUNTY PARKS;

CRIMINAL PENALTY. (a) The definitions provided by Section

365.011 apply to this section.

(b) In this section, "beach" means an area in which the public

has acquired a right of use or an easement and that borders on

the seaward shore of the Gulf of Mexico or extends from the line

of mean low tide to the line of vegetation bordering on the Gulf

of Mexico.

(c) This section applies only to a county park located in a

county that has the Gulf of Mexico as one boundary, but does not

apply to a beach located in that park.

(d) A person commits an offense if the person discards in a

county park any junk, garbage, rubbish, or other refuse in a

place that is not an officially designated refuse container or

disposal unit.

(e) An offense under this section is a Class C misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

section, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.034. COUNTY REGULATION OF LITTER NEAR PUBLIC HIGHWAY;

CRIMINAL PENALTY. (a) The commissioners court of a county may:

(1) by order prohibit the accumulation of litter for more than

30 days on a person's property within 50 feet of a public highway

in the county;

(2) provide for the removal and disposition of litter

accumulated near a public highway in violation of an order

adopted under this section; and

(3) provide for the assessment against a person who owns the

property from which litter is removed under Subdivision (2) of

the costs incurred by the county in removing and disposing of the

litter.

(b) Before the commissioners court takes any action to remove or

dispose of litter under this section, the court shall send a

notice by certified mail to the record owners of the property on

which the litter is accumulated in violation of an order adopted

under this section. The court may not remove or dispose of the

litter or assess the costs of the removal or disposition against

a property owner before the 30th day after the date the notice is

sent under this subsection.

(c) If a person assessed costs under this section does not pay

the costs within 60 days after the date of assessment:

(1) a lien in favor of the county attaches to the property from

which the litter was removed to secure the payment of the costs

and interest accruing at an annual rate of 10 percent on any

unpaid part of the costs; and

(2) the commissioners court shall file a record of the lien in

the office of the county clerk.

(d) The violation of an order adopted under this section is a

Class C misdemeanor.

(e) In this section:

(1) "Litter" has the meaning assigned by Section 365.011 except

that the term does not include equipment used for agricultural

purposes.

(2) "Public highway" has the meaning assigned by Section

365.011.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 126, eff. Sept. 1,

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.

8.162, eff. Sept. 1, 1991.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-365-litter

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND

WATER

CHAPTER 365. LITTER

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 365.001. SHORT TITLE. This chapter may be cited as the

Texas Litter Abatement Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.002. WATER POLLUTION CONTROLLED BY WATER CODE. The

pollution of water in the state is controlled by Chapter 26,

Water Code, and other applicable law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.003. LITTER ON BEACHES CONTROLLED BY NATURAL RESOURCES

CODE. The regulation of litter on public beaches is controlled

by Subchapters C and D, Chapter 61, Natural Resources Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.004. DISPOSAL OF GARBAGE, REFUSE, AND SEWAGE IN CERTAIN

AREAS UNDER CONTROL OF PARKS AND WILDLIFE DEPARTMENT. The Parks

and Wildlife Commission may adopt rules to govern the disposal of

garbage, refuse, and sewage in state parks, public water in state

parks, historic sites, scientific areas, and forts under the

control of the Parks and Wildlife Department.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.005. VENUE AND RECOVERY OF COSTS. (a) Venue for the

prosecution of a criminal offense under Subchapter B or Section

365.032 or 365.033 or for a suit for injunctive relief under any

of those provisions is in the county in which the defendant

resides, in the county in which the offense or the violation

occurs, or in Travis County.

(b) If the attorney general or a local government brings a suit

for injunctive relief under Subchapter B or Section 365.032 or

365.033, a prevailing party may recover its reasonable attorney

fees, court costs, and reasonable investigative costs incurred in

relation to the proceeding.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 125, eff. Sept. 1,

1991.

SUBCHAPTER B. CERTAIN ACTIONS PROHIBITED

Sec. 365.011. DEFINITIONS. In this subchapter:

(1) "Approved solid waste site" means:

(A) a solid waste site permitted or registered by the Texas

Natural Resource Conservation Commission;

(B) a solid waste site licensed by a county under Chapter 361;

or

(C) a designated collection area for ultimate disposal at a

permitted or licensed municipal solid waste site.

(2) "Boat" means a vehicle, including a barge, airboat,

motorboat, or sailboat, used for transportation on water.

(3) "Commercial purpose" means the purpose of economic gain.

(4) "Commercial vehicle" means a vehicle that is operated by a

person for a commercial purpose or that is owned by a business or

commercial enterprise.

(5) "Dispose" and "dump" mean to discharge, deposit, inject,

spill, leak, or place litter on or into land or water.

(6) "Litter" means:

(A) decayable waste from a public or private establishment,

residence, or restaurant, including animal and vegetable waste

material from a market or storage facility handling or storing

produce or other food products, or the handling, preparation,

cooking, or consumption of food, but not including sewage, body

wastes, or industrial by-products; or

(B) nondecayable solid waste, except ashes, that consists of:

(i) combustible waste material, including paper, rags, cartons,

wood, excelsior, furniture, rubber, plastics, yard trimmings,

leaves, or similar materials;

(ii) noncombustible waste material, including glass, crockery,

tin or aluminum cans, metal furniture, and similar materials that

do not burn at ordinary incinerator temperatures of 1800 degrees

Fahrenheit or less; and

(iii) discarded or worn-out manufactured materials and

machinery, including motor vehicles and parts of motor vehicles,

tires, aircraft, farm implements, building or construction

materials, appliances, and scrap metal.

(7) "Motor vehicle" has the meaning assigned by Section 541.201,

Transportation Code.

(8) "Public highway" means the entire width between property

lines of a road, street, way, thoroughfare, bridge, public beach,

or park in this state, not privately owned or controlled, if any

part of the road, street, way, thoroughfare, bridge, public

beach, or park:

(A) is opened to the public for vehicular traffic;

(B) is used as a public recreational area; or

(C) is under the state's legislative jurisdiction through its

police power.

(9) "Solid waste" has the meaning assigned by Section 361.003.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 1, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.111, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.206, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 286, Sec. 1, eff. May

26, 1997.

Sec. 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, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 2, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 828, Sec. 3, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 17.01(28), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 286, Sec. 2, eff. May 26,

1997; Acts 2001, 77th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2001.

Sec. 365.013. RULES AND STANDARDS; CRIMINAL PENALTY. (a) The

Texas Natural Resource Conservation Commission shall adopt rules

and standards regarding processing and treating litter disposed

in violation of this subchapter.

(b) A person commits an offense if the person violates a rule

adopted under this section.

(c) An offense under this section is a Class A misdemeanor.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.112,

eff. Sept. 1, 1995.

Sec. 365.014. APPLICATION OF SUBCHAPTER; DEFENSES; PRESUMPTIONS.

(a) This subchapter does not apply to farmers:

(1) in handling anything necessary to grow, handle, and care for

livestock; or

(2) in erecting, operating, and maintaining improvements

necessary to handle, thresh, and prepare agricultural products or

for conservation projects.

(b) A person who dumps more than five pounds or 13 gallons of

litter or other solid waste from a commercial vehicle in

violation of this subchapter is presumed to be dumping the litter

or other solid waste for a commercial purpose.

(c) It is an affirmative defense to prosecution under Section

365.012 that:

(1) the storage, processing, or disposal took place on land

owned or leased by the defendant;

(2) the defendant received the litter or other solid waste from

another person;

(3) the defendant, after exercising due diligence, did not know

and reasonably could not have known that litter or other solid

waste was involved; and

(4) the defendant did not receive, directly or indirectly,

compensation for the receipt, storage, processing, or treatment.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 3, eff.

Sept. 1, 1993.

Sec. 365.015. INJUNCTION; VENUE; RECOVERY OF COSTS. (a) A

district attorney, a county attorney, or the attorney general may

bring a civil suit for an injunction to prevent or restrain a

violation of this subchapter. A person affected or to be affected

by a violation is entitled to seek injunctive relief to enjoin

the violation.

(b) Venue for a prosecution of a criminal offense under this

subchapter or for a civil suit for injunctive relief under this

subchapter is in the county in which the defendant resides, the

county in which the offense or violation occurred, or in Travis

County.

(c) In a suit for relief under this section, the prevailing

party may recover its reasonable attorney fees, court costs, and

reasonable investigative costs incurred in relation to the

proceeding.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991.

Sec. 365.016. DISPOSAL OF LITTER IN A CAVE; CRIMINAL PENALTY.

(a) A person commits an offense if the person disposes litter, a

dead animal, sewage, or any chemical in a cave.

(b) An offense under this section is a Class C misdemeanor

unless:

(1) it is shown on the trial of the defendant that the defendant

previously has been convicted once of an offense under this

section, in which event the offense is a Class A misdemeanor; or

(2) it is shown on the trial of the defendant that the defendant

previously has been convicted two or more times of an offense

under this section, in which event the offense is a felony of the

third degree.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991.

Sec. 365.017. REGULATION OF LITTER IN CERTAIN COUNTIES. (a)

The commissioners court of a county may adopt regulations to

control the disposal of litter and the removal of illegally

dumped litter from private property in unincorporated areas of

that county. The commissioners court may not adopt regulations

under this section concerning the disposal of recyclable

materials as defined in Chapter 361 of the Health and Safety

Code.

(b) Prior to the adoption of regulations the commissioners court

of a county must find that the proposed regulations are necessary

to promote the public health, safety, and welfare of the

residents of that county.

(c) The definitions of Section 365.011 apply in this Act.

"Illegally dumped litter" means litter dumped anywhere other than

in an approved solid waste site. "Litter" has the meaning

assigned by Section 365.011, except that the term does not

include equipment used for agricultural purposes.

(d) The regulations adopted by the commissioners court may

require the record property owners to pay for the cost of removal

after the commissioners court has given the record property owner

30 days written notice to remove the illegally dumped litter.

(e) Regulations adopted under this section are in addition to

any other law regarding this issue and the stricter law shall

apply.

(f) In addition to any other remedy provided by law, a district

attorney, a county attorney, or the attorney general may bring a

civil suit to enjoin violation of regulations adopted under this

section and to recover the costs of removal of illegally dumped

litter. In such a suit the prevailing party may recover its

reasonable attorney fees, court fees, and reasonable

investigative costs incurred in relation to that proceeding.

Added by Acts 1993, 73rd Leg., ch. 828, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 439, Sec. 1, eff. June

9, 1995.

SUBCHAPTER C. SPECIAL PROVISIONS

Sec. 365.031. LITTER, GARBAGE, REFUSE, AND RUBBISH IN LAKE

SABINE. The governing body of Port Arthur by ordinance may

prohibit the depositing or placing of litter, garbage, refuse, or

rubbish into or on the waters of Lake Sabine within the municipal

limits.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.032. THROWING CERTAIN SUBSTANCES IN OR NEAR LAKE LAVON;

CRIMINAL PENALTY. (a) The definitions provided by Section

365.011 apply to this section.

(b) A person commits an offense if the person throws, leaves, or

causes to be thrown or left wastepaper, glass, metal, a tin can,

refuse, garbage, waste, discarded or soiled personal property, or

any other noxious or poisonous substance in the water of or near

Lake Lavon in Collin County if the substance is detrimental to

fish or to a person fishing in Lake Lavon.

(c) An offense under this section is a Class C misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

section, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.033. DISCARDING REFUSE IN CERTAIN COUNTY PARKS;

CRIMINAL PENALTY. (a) The definitions provided by Section

365.011 apply to this section.

(b) In this section, "beach" means an area in which the public

has acquired a right of use or an easement and that borders on

the seaward shore of the Gulf of Mexico or extends from the line

of mean low tide to the line of vegetation bordering on the Gulf

of Mexico.

(c) This section applies only to a county park located in a

county that has the Gulf of Mexico as one boundary, but does not

apply to a beach located in that park.

(d) A person commits an offense if the person discards in a

county park any junk, garbage, rubbish, or other refuse in a

place that is not an officially designated refuse container or

disposal unit.

(e) An offense under this section is a Class C misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

section, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.034. COUNTY REGULATION OF LITTER NEAR PUBLIC HIGHWAY;

CRIMINAL PENALTY. (a) The commissioners court of a county may:

(1) by order prohibit the accumulation of litter for more than

30 days on a person's property within 50 feet of a public highway

in the county;

(2) provide for the removal and disposition of litter

accumulated near a public highway in violation of an order

adopted under this section; and

(3) provide for the assessment against a person who owns the

property from which litter is removed under Subdivision (2) of

the costs incurred by the county in removing and disposing of the

litter.

(b) Before the commissioners court takes any action to remove or

dispose of litter under this section, the court shall send a

notice by certified mail to the record owners of the property on

which the litter is accumulated in violation of an order adopted

under this section. The court may not remove or dispose of the

litter or assess the costs of the removal or disposition against

a property owner before the 30th day after the date the notice is

sent under this subsection.

(c) If a person assessed costs under this section does not pay

the costs within 60 days after the date of assessment:

(1) a lien in favor of the county attaches to the property from

which the litter was removed to secure the payment of the costs

and interest accruing at an annual rate of 10 percent on any

unpaid part of the costs; and

(2) the commissioners court shall file a record of the lien in

the office of the county clerk.

(d) The violation of an order adopted under this section is a

Class C misdemeanor.

(e) In this section:

(1) "Litter" has the meaning assigned by Section 365.011 except

that the term does not include equipment used for agricultural

purposes.

(2) "Public highway" has the meaning assigned by Section

365.011.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 126, eff. Sept. 1,

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.

8.162, eff. Sept. 1, 1991.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-365-litter

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND

WATER

CHAPTER 365. LITTER

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 365.001. SHORT TITLE. This chapter may be cited as the

Texas Litter Abatement Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.002. WATER POLLUTION CONTROLLED BY WATER CODE. The

pollution of water in the state is controlled by Chapter 26,

Water Code, and other applicable law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.003. LITTER ON BEACHES CONTROLLED BY NATURAL RESOURCES

CODE. The regulation of litter on public beaches is controlled

by Subchapters C and D, Chapter 61, Natural Resources Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.004. DISPOSAL OF GARBAGE, REFUSE, AND SEWAGE IN CERTAIN

AREAS UNDER CONTROL OF PARKS AND WILDLIFE DEPARTMENT. The Parks

and Wildlife Commission may adopt rules to govern the disposal of

garbage, refuse, and sewage in state parks, public water in state

parks, historic sites, scientific areas, and forts under the

control of the Parks and Wildlife Department.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.005. VENUE AND RECOVERY OF COSTS. (a) Venue for the

prosecution of a criminal offense under Subchapter B or Section

365.032 or 365.033 or for a suit for injunctive relief under any

of those provisions is in the county in which the defendant

resides, in the county in which the offense or the violation

occurs, or in Travis County.

(b) If the attorney general or a local government brings a suit

for injunctive relief under Subchapter B or Section 365.032 or

365.033, a prevailing party may recover its reasonable attorney

fees, court costs, and reasonable investigative costs incurred in

relation to the proceeding.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 125, eff. Sept. 1,

1991.

SUBCHAPTER B. CERTAIN ACTIONS PROHIBITED

Sec. 365.011. DEFINITIONS. In this subchapter:

(1) "Approved solid waste site" means:

(A) a solid waste site permitted or registered by the Texas

Natural Resource Conservation Commission;

(B) a solid waste site licensed by a county under Chapter 361;

or

(C) a designated collection area for ultimate disposal at a

permitted or licensed municipal solid waste site.

(2) "Boat" means a vehicle, including a barge, airboat,

motorboat, or sailboat, used for transportation on water.

(3) "Commercial purpose" means the purpose of economic gain.

(4) "Commercial vehicle" means a vehicle that is operated by a

person for a commercial purpose or that is owned by a business or

commercial enterprise.

(5) "Dispose" and "dump" mean to discharge, deposit, inject,

spill, leak, or place litter on or into land or water.

(6) "Litter" means:

(A) decayable waste from a public or private establishment,

residence, or restaurant, including animal and vegetable waste

material from a market or storage facility handling or storing

produce or other food products, or the handling, preparation,

cooking, or consumption of food, but not including sewage, body

wastes, or industrial by-products; or

(B) nondecayable solid waste, except ashes, that consists of:

(i) combustible waste material, including paper, rags, cartons,

wood, excelsior, furniture, rubber, plastics, yard trimmings,

leaves, or similar materials;

(ii) noncombustible waste material, including glass, crockery,

tin or aluminum cans, metal furniture, and similar materials that

do not burn at ordinary incinerator temperatures of 1800 degrees

Fahrenheit or less; and

(iii) discarded or worn-out manufactured materials and

machinery, including motor vehicles and parts of motor vehicles,

tires, aircraft, farm implements, building or construction

materials, appliances, and scrap metal.

(7) "Motor vehicle" has the meaning assigned by Section 541.201,

Transportation Code.

(8) "Public highway" means the entire width between property

lines of a road, street, way, thoroughfare, bridge, public beach,

or park in this state, not privately owned or controlled, if any

part of the road, street, way, thoroughfare, bridge, public

beach, or park:

(A) is opened to the public for vehicular traffic;

(B) is used as a public recreational area; or

(C) is under the state's legislative jurisdiction through its

police power.

(9) "Solid waste" has the meaning assigned by Section 361.003.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 1, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.111, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.206, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 286, Sec. 1, eff. May

26, 1997.

Sec. 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, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 2, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 828, Sec. 3, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 17.01(28), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 286, Sec. 2, eff. May 26,

1997; Acts 2001, 77th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2001.

Sec. 365.013. RULES AND STANDARDS; CRIMINAL PENALTY. (a) The

Texas Natural Resource Conservation Commission shall adopt rules

and standards regarding processing and treating litter disposed

in violation of this subchapter.

(b) A person commits an offense if the person violates a rule

adopted under this section.

(c) An offense under this section is a Class A misdemeanor.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.112,

eff. Sept. 1, 1995.

Sec. 365.014. APPLICATION OF SUBCHAPTER; DEFENSES; PRESUMPTIONS.

(a) This subchapter does not apply to farmers:

(1) in handling anything necessary to grow, handle, and care for

livestock; or

(2) in erecting, operating, and maintaining improvements

necessary to handle, thresh, and prepare agricultural products or

for conservation projects.

(b) A person who dumps more than five pounds or 13 gallons of

litter or other solid waste from a commercial vehicle in

violation of this subchapter is presumed to be dumping the litter

or other solid waste for a commercial purpose.

(c) It is an affirmative defense to prosecution under Section

365.012 that:

(1) the storage, processing, or disposal took place on land

owned or leased by the defendant;

(2) the defendant received the litter or other solid waste from

another person;

(3) the defendant, after exercising due diligence, did not know

and reasonably could not have known that litter or other solid

waste was involved; and

(4) the defendant did not receive, directly or indirectly,

compensation for the receipt, storage, processing, or treatment.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 740, Sec. 3, eff.

Sept. 1, 1993.

Sec. 365.015. INJUNCTION; VENUE; RECOVERY OF COSTS. (a) A

district attorney, a county attorney, or the attorney general may

bring a civil suit for an injunction to prevent or restrain a

violation of this subchapter. A person affected or to be affected

by a violation is entitled to seek injunctive relief to enjoin

the violation.

(b) Venue for a prosecution of a criminal offense under this

subchapter or for a civil suit for injunctive relief under this

subchapter is in the county in which the defendant resides, the

county in which the offense or violation occurred, or in Travis

County.

(c) In a suit for relief under this section, the prevailing

party may recover its reasonable attorney fees, court costs, and

reasonable investigative costs incurred in relation to the

proceeding.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991.

Sec. 365.016. DISPOSAL OF LITTER IN A CAVE; CRIMINAL PENALTY.

(a) A person commits an offense if the person disposes litter, a

dead animal, sewage, or any chemical in a cave.

(b) An offense under this section is a Class C misdemeanor

unless:

(1) it is shown on the trial of the defendant that the defendant

previously has been convicted once of an offense under this

section, in which event the offense is a Class A misdemeanor; or

(2) it is shown on the trial of the defendant that the defendant

previously has been convicted two or more times of an offense

under this section, in which event the offense is a felony of the

third degree.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.161,

eff. Sept. 1, 1991.

Sec. 365.017. REGULATION OF LITTER IN CERTAIN COUNTIES. (a)

The commissioners court of a county may adopt regulations to

control the disposal of litter and the removal of illegally

dumped litter from private property in unincorporated areas of

that county. The commissioners court may not adopt regulations

under this section concerning the disposal of recyclable

materials as defined in Chapter 361 of the Health and Safety

Code.

(b) Prior to the adoption of regulations the commissioners court

of a county must find that the proposed regulations are necessary

to promote the public health, safety, and welfare of the

residents of that county.

(c) The definitions of Section 365.011 apply in this Act.

"Illegally dumped litter" means litter dumped anywhere other than

in an approved solid waste site. "Litter" has the meaning

assigned by Section 365.011, except that the term does not

include equipment used for agricultural purposes.

(d) The regulations adopted by the commissioners court may

require the record property owners to pay for the cost of removal

after the commissioners court has given the record property owner

30 days written notice to remove the illegally dumped litter.

(e) Regulations adopted under this section are in addition to

any other law regarding this issue and the stricter law shall

apply.

(f) In addition to any other remedy provided by law, a district

attorney, a county attorney, or the attorney general may bring a

civil suit to enjoin violation of regulations adopted under this

section and to recover the costs of removal of illegally dumped

litter. In such a suit the prevailing party may recover its

reasonable attorney fees, court fees, and reasonable

investigative costs incurred in relation to that proceeding.

Added by Acts 1993, 73rd Leg., ch. 828, Sec. 4, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 439, Sec. 1, eff. June

9, 1995.

SUBCHAPTER C. SPECIAL PROVISIONS

Sec. 365.031. LITTER, GARBAGE, REFUSE, AND RUBBISH IN LAKE

SABINE. The governing body of Port Arthur by ordinance may

prohibit the depositing or placing of litter, garbage, refuse, or

rubbish into or on the waters of Lake Sabine within the municipal

limits.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.032. THROWING CERTAIN SUBSTANCES IN OR NEAR LAKE LAVON;

CRIMINAL PENALTY. (a) The definitions provided by Section

365.011 apply to this section.

(b) A person commits an offense if the person throws, leaves, or

causes to be thrown or left wastepaper, glass, metal, a tin can,

refuse, garbage, waste, discarded or soiled personal property, or

any other noxious or poisonous substance in the water of or near

Lake Lavon in Collin County if the substance is detrimental to

fish or to a person fishing in Lake Lavon.

(c) An offense under this section is a Class C misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

section, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.033. DISCARDING REFUSE IN CERTAIN COUNTY PARKS;

CRIMINAL PENALTY. (a) The definitions provided by Section

365.011 apply to this section.

(b) In this section, "beach" means an area in which the public

has acquired a right of use or an easement and that borders on

the seaward shore of the Gulf of Mexico or extends from the line

of mean low tide to the line of vegetation bordering on the Gulf

of Mexico.

(c) This section applies only to a county park located in a

county that has the Gulf of Mexico as one boundary, but does not

apply to a beach located in that park.

(d) A person commits an offense if the person discards in a

county park any junk, garbage, rubbish, or other refuse in a

place that is not an officially designated refuse container or

disposal unit.

(e) An offense under this section is a Class C misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

section, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 365.034. COUNTY REGULATION OF LITTER NEAR PUBLIC HIGHWAY;

CRIMINAL PENALTY. (a) The commissioners court of a county may:

(1) by order prohibit the accumulation of litter for more than

30 days on a person's property within 50 feet of a public highway

in the county;

(2) provide for the removal and disposition of litter

accumulated near a public highway in violation of an order

adopted under this section; and

(3) provide for the assessment against a person who owns the

property from which litter is removed under Subdivision (2) of

the costs incurred by the county in removing and disposing of the

litter.

(b) Before the commissioners court takes any action to remove or

dispose of litter under this section, the court shall send a

notice by certified mail to the record owners of the property on

which the litter is accumulated in violation of an order adopted

under this section. The court may not remove or dispose of the

litter or assess the costs of the removal or disposition against

a property owner before the 30th day after the date the notice is

sent under this subsection.

(c) If a person assessed costs under this section does not pay

the costs within 60 days after the date of assessment:

(1) a lien in favor of the county attaches to the property from

which the litter was removed to secure the payment of the costs

and interest accruing at an annual rate of 10 percent on any

unpaid part of the costs; and

(2) the commissioners court shall file a record of the lien in

the office of the county clerk.

(d) The violation of an order adopted under this section is a

Class C misdemeanor.

(e) In this section:

(1) "Litter" has the meaning assigned by Section 365.011 except

that the term does not include equipment used for agricultural

purposes.

(2) "Public highway" has the meaning assigned by Section

365.011.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 126, eff. Sept. 1,

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.

8.162, eff. Sept. 1, 1991.