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.