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AN ACT
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relating to the penalties for certain littering offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.304(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) A defendant required to perform community service under |
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this article after conviction of an offense under Section 352.082, |
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Local Government Code, or Section 365.012, 365.013, or 365.016, |
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Health and Safety Code, shall perform the amount of service ordered |
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by the court, which may not exceed 60 hours [of service]. The |
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community service must consist of picking up litter in the county in |
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which the defendant resides or working at a recycling facility if a |
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program for performing that type of service is available in the |
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community in which the court is located. A court may credit the |
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amount of community service performed by a defendant under this |
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subsection toward any amount of community service the defendant is |
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ordered to perform under another provision of this code as a result |
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of the defendant's inability to pay a fine or cost imposed in the |
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judgment for the applicable offense. |
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SECTION 2. Section 365.012, Health and Safety Code, is |
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amended by adding Subsection (s) to read as follows: |
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(s) On conviction of an offense under this section, the |
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court shall require the defendant, in addition to any fine or other |
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penalty, to perform community service as provided by Article |
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42A.304(e), Code of Criminal Procedure. |
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SECTION 3. Section 365.013, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) On conviction of an offense under this section, the |
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court shall require the defendant, in addition to any fine or other |
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penalty, to perform community service as provided by Article |
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42A.304(e), Code of Criminal Procedure. |
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SECTION 4. Section 365.016, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) On conviction of an offense under this section, the |
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court shall require the defendant, in addition to any fine or other |
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penalty, to perform community service as provided by Article |
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42A.304(e), Code of Criminal Procedure. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1884 was passed by the House on May 6, |
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2017, by the following vote: Yeas 135, Nays 5, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1884 on May 24, 2017, by the following vote: Yeas 136, Nays 7, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1884 was passed by the Senate, with |
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amendments, on May 22, 2017, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |