A couple of new bills of interest

Here are a couple of new bills recently introduced that we will be following:

SB 196 (Gallegos) would expand the current Class C Misdemeanor for burning household refuse in certain unincorporated areas of Montgomery County to also include certain parts of the unincorporated area of Harris County. Current law at Local Government Code Sec. 352.018 makes it a Class C Misdemeanor to burn refuse in "neighborhoods" and on "lots smaller than five acres" in unincorporated Montgomery County (the current law doesn't use the term "Montgomery County" but that is the only place meeting the definition). The areas of prohibited burning in unincorporated Harris County would also be "neighborhoods" and "lots smaller than five acres." Presumably burning trash on larger lots would not violate the Local Government Code. Throughout Texas, however, (including Montgomery and Harris County) burning domestic waste anywhere that the jurisdiction has "provided" or "authorized" waste collection service is a violation of the Texas Outdoor Burning Rule, which is, in turn, a violation of Texas Water Code Sec. 7.177(5) ... essentially an expensive Class B Misdemeanor. Clearly using a Class C Misdemeanor to stop rural trash burning is far easier that working through the "Texas Water Code and the Texas Outdoor Burning Rule" maze. At some point, one would like to think that the same Class C ticket that can be issued today in parts of unincorporated Montgomery County will be available as a tool for all enforcement officers. Extending this provision to Harris County is great, but doesn't go far enough. Text.

SB 239 (Gallegos) is a very important bill and deserves widespread support, as it addresses an officer safety issue. It seeks to modify Penal Code Sec. 38.15 INTERFERENCE WITH PUBLIC DUTIES, which establishes a Class B Misdemeanor violation with interfering with police officers, firefighters, emergency vehicle driver and others while they are undertaking their official duties. This bill would expand the protection to "a person with responsibility for assessing, enacting, or enforcing public health, environmental, or safety measures in a county or municipality while the person is performing a duty or exercising authority imposed or granted under Chapter 81, 121, 341, 343, 344, 361, 365, 366, 382, 431, 432, 433, 437, or 438, Health and Safety Code, or Chapter 7 or 26, Water Code." Since acting under these named statutes is what police, deputies and other city and county officials fighting illegal dumping do, this proposed change can only help matters. More and more cities and counties are discovering the "rights of entry" to officers doing environmental inspections and investigations that have been provided by the State Legislature at Texas Health & Safety Code Sec. 361.032, Sec. 382.111, and Sec. 343.024 and the Texas Water Code at Sec. 26.173. Sen. Gallegos' bill would provide support for those officers not already covered under the Penal Code where their jurisdictions have made the policy decision to use the entry provisions provided by the State. Thank you, Sen. Gallegos! Text.