Littering and Illegal Dumping
Health & Safety 365.012 — graded by the weight, from a Class C to a state jail felony
A person commits an offense by disposing of litter or other solid waste, or allowing it, anywhere that is not an approved solid waste site, including on or within 300 feet of a public highway, on a right of way, on other public or private property, or into the state's waters. Receiving or hauling it to such a place is an offense too, and so is using a dumpster or similar container without authorization.
Who handles this in Texas: State Bar of Texas, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Texas directory.
| How much | The grade |
|---|---|
| How much5 pounds or 5 gallons or less | The gradeClass C misdemeanor |
| How muchMore than 5 pounds but less than 500 pounds | The gradeClass B misdemeanor |
| How much500 pounds to less than 1,000 pounds | The gradeClass A misdemeanor |
| How much1,000 pounds or more, or in a closed barrel or drum | The gradeState jail felony |
A Class C misdemeanor carries a fine of up to $500, a Class B up to 180 days in jail and $2,000, and a Class A up to one year and $4,000. A prior conviction moves the offense up to the next category, and a second conviction can put the vehicle used at risk of forfeiture.
A lit cigarette that starts a fire. Discarding lighted litter, a match, cigarette or cigar included, onto open land, a road or its right of way, or a railroad right of way is an offense when a fire starts from it, punishable by a fine of up to $500, up to 30 days in jail, or both, for the smallest amounts.
The section does not reach a person's own household waste kept or disposed of on land the person owns, outside any commercial purpose. Most of these offenses need no proof of a culpable mental state. A particular charge is a question for a licensed Texas attorney.
Sources for this section (4)
- Health & Safety 365.012 — Illegal dumping; discarding lighted materials; criminal penalties
- Penal Code 12.23 — Class C misdemeanor
- Penal Code 12.22 — Class B misdemeanor
- Penal Code 12.21 — Class A misdemeanor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.