Most illegal dumping, water pollution, illegal outdoor burning, and public health nuisances can be effectively controlled by cities and counties using these approaches.
1. Municipal Code Enforcement (Applies only inside most cities)
Fine to $500 / $4,000; Enforced By: Municipal code enforcement officers
2. Public Health Nuisance Violations (Applies everywhere in Texas)
THSC Chap. 341. Minimum Standards of Sanitation and Health Protection Measures
Fine of $10 to $200; Subsequent conviction within one year of first: $10 to $1,000 and/or 30 days jail; Enforced By: Peace officers; Local Health Department; County employee trained by health authority (see THSC Chapter 121); Especially see THSC Sec. 341.013(c) for a violation covering many situations; penalties at Sec. 341.091 (criminal) and Sec. 341.092 (civil)
3. Public Nuisance in Unincorporated Areas (Not including “agricultural” land)
THSC Chap. 343. Abatement of Public Nuisances; Fine of $50 to $200; Subsequent conviction at any future date: $200 to $1,000 and/or 6 months jail; Enforced By: Peace officers; Local Health Department; County employee trained by health authority (see THSC Chapter 121)
4. Illegal Dumping onto Land and into Water (Applies everywhere in Texas)
THSC Chap. 365. Litter; Enforced By: Peace officers; Sets a penalty of Class C, B, or A Misdemeanor or State Jail Felony based on weight or volume dumped; disposal of waste on one's own property generally not allowed
5. Water Pollution (Applies everywhere in Texas)
Enforced By: Peace officers
TWC Sec. 7.145. Intentional or Knowing Unauthorized Discharge (Felony)
For individual: $1,000 to $100,000 and/or Prison to 5 years; Other than individual: $1,000 to $250,000; Subsequent conviction at any time: doubling of possible maximum penalties;
TWC Sec. 7.147. Unauthorized Discharge (Misdemeanor)
For individual: $1,000 to $50,000 and/or Jail to 1 year; Other than individual: $1,000 to $100,000; Subsequent conviction at any time: doubling of possible maximum penalties
6. Oil and Gas Waste (Applies everywhere in Texas)
Enforced By: Peace officers
TWC Chap. 29. Oil and Gas Waste Haulers
$100 to $1,000 fine and/or up to 10 days in jail; Subsequent convictions are not spoken to in the statute;
TNRC Sec. 91.002 Provisions Generally Applicable
Fine to $10,000 in county where violation occurs for most violations of 16 TAC Sec. 3.8 Water Protection rule
7. Illegal Outdoor Burning (Applies everywhere in Texas)
Enforced By: Peace officers
TWC Sec. 7.182. Reckless Emission of Air Contaminant and Endangerment (Felony)
$1,000 to $250,000 and/or prison to 5 years; Subsequent convictions are not spoken to in the statute;
TWC Sec. 7.177. Violations of Clean Air Act (Misdemeanor)
Sec. 7.177(a)(5); $1,000 to $50,000 and/or jail to 6 months; Primarily used to respond to people violating the Texas Outdoor Burning Rule (30 TAC Sec. 111,
Subchapter B); TCEQ enforces administratively; local police enforce criminally; Note that there are some potential problems with the penalties, so you should discuss this with your county attorney before enforcing
8. Hazardous Waste Violations (Applies everywhere in Texas)
Initial penalties are major; Subsequent conviction at any time: generally a doubling of possible maximum penalties; All of these violations are enforced by: Peace officers; See TWC Sec. 7.162 and Sec. 7.163 for various violations and penalties
9. Additional Specified Major Environmental Misdemeanors and Felonies (Applies everywhere in Texas)
TWC Sec. 7.141 to TWC Sec. 7.185; covers various violations involving medical waste; used motor oil; lead acid batteries and other environmental violations;
All of these violations are enforced by: Peace officers; most carry mayor penalties
Disclaimer: Provision of this information does not constitute the practice of law. Local governments and other readers are encouraged to discuss the use of these provisions and approaches with their attorney and local prosecutors. If we can assist in this process, please contact us.
1. Municipal Code Enforcement (Applies only inside most cities)
Fine to $500 / $4,000; Enforced By: Municipal code enforcement officers
2. Public Health Nuisance Violations (Applies everywhere in Texas)
THSC Chap. 341. Minimum Standards of Sanitation and Health Protection Measures
Fine of $10 to $200; Subsequent conviction within one year of first: $10 to $1,000 and/or 30 days jail; Enforced By: Peace officers; Local Health Department; County employee trained by health authority (see THSC Chapter 121); Especially see THSC Sec. 341.013(c) for a violation covering many situations; penalties at Sec. 341.091 (criminal) and Sec. 341.092 (civil)
3. Public Nuisance in Unincorporated Areas (Not including “agricultural” land)
THSC Chap. 343. Abatement of Public Nuisances; Fine of $50 to $200; Subsequent conviction at any future date: $200 to $1,000 and/or 6 months jail; Enforced By: Peace officers; Local Health Department; County employee trained by health authority (see THSC Chapter 121)
4. Illegal Dumping onto Land and into Water (Applies everywhere in Texas)
THSC Chap. 365. Litter; Enforced By: Peace officers; Sets a penalty of Class C, B, or A Misdemeanor or State Jail Felony based on weight or volume dumped; disposal of waste on one's own property generally not allowed
5. Water Pollution (Applies everywhere in Texas)
Enforced By: Peace officers
TWC Sec. 7.145. Intentional or Knowing Unauthorized Discharge (Felony)
For individual: $1,000 to $100,000 and/or Prison to 5 years; Other than individual: $1,000 to $250,000; Subsequent conviction at any time: doubling of possible maximum penalties;
TWC Sec. 7.147. Unauthorized Discharge (Misdemeanor)
For individual: $1,000 to $50,000 and/or Jail to 1 year; Other than individual: $1,000 to $100,000; Subsequent conviction at any time: doubling of possible maximum penalties
6. Oil and Gas Waste (Applies everywhere in Texas)
Enforced By: Peace officers
TWC Chap. 29. Oil and Gas Waste Haulers
$100 to $1,000 fine and/or up to 10 days in jail; Subsequent convictions are not spoken to in the statute;
TNRC Sec. 91.002 Provisions Generally Applicable
Fine to $10,000 in county where violation occurs for most violations of 16 TAC Sec. 3.8 Water Protection rule
7. Illegal Outdoor Burning (Applies everywhere in Texas)
Enforced By: Peace officers
TWC Sec. 7.182. Reckless Emission of Air Contaminant and Endangerment (Felony)
$1,000 to $250,000 and/or prison to 5 years; Subsequent convictions are not spoken to in the statute;
TWC Sec. 7.177. Violations of Clean Air Act (Misdemeanor)
Sec. 7.177(a)(5); $1,000 to $50,000 and/or jail to 6 months; Primarily used to respond to people violating the Texas Outdoor Burning Rule (30 TAC Sec. 111,
Subchapter B); TCEQ enforces administratively; local police enforce criminally; Note that there are some potential problems with the penalties, so you should discuss this with your county attorney before enforcing
8. Hazardous Waste Violations (Applies everywhere in Texas)
Initial penalties are major; Subsequent conviction at any time: generally a doubling of possible maximum penalties; All of these violations are enforced by: Peace officers; See TWC Sec. 7.162 and Sec. 7.163 for various violations and penalties
9. Additional Specified Major Environmental Misdemeanors and Felonies (Applies everywhere in Texas)
TWC Sec. 7.141 to TWC Sec. 7.185; covers various violations involving medical waste; used motor oil; lead acid batteries and other environmental violations;
All of these violations are enforced by: Peace officers; most carry mayor penalties
Disclaimer: Provision of this information does not constitute the practice of law. Local governments and other readers are encouraged to discuss the use of these provisions and approaches with their attorney and local prosecutors. If we can assist in this process, please contact us.