Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE A. EXECUTIVE AGENCIES · CHAPTER 7. ENFORCEMENT
Texas Codes

Tex. Water Code § 7.187 (2026)

Penalties

✓ current as of May 2026
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Sec. 7.187. PENALTIES. (a) Except as provided by Subsection (b), a person convicted of an offense under this subchapter is punishable by:

(1) a fine, as imposed under the section creating the offense, of:

(A) not more than $1,000;

(B) not less than $1,000 or more than $50,000;

(C) not less than $1,000 or more than $100,000;

(D) not less than $1,000 or more than $250,000;

(E) not less than $2,000 or more than $500,000;

(F) not less than $5,000 or more than $1,000,000;

(G) not less than $10,000 or more than $1,500,000; or

(H) not more than twice the amount of the required fee;

(2) confinement for a period, as imposed by the section creating the offense, not to exceed:

(A) 30 days;

(B) 90 days;

(C) 180 days;

(D) one year;

(E) two years;

(F) five years;

(G) 10 years;

(H) 15 years;

(I) 20 years; or

(J) 30 years; or

(3) both fine and confinement, as imposed by the section creating the offense.

(b) Notwithstanding Section 7.177(a)(5), conviction for an offense under Section 382.018, Health and Safety Code, is punishable as:

(1) a Class C misdemeanor if the violation is a first violation and does not involve the burning of heavy oils, asphaltic materials, potentially explosive materials, or chemical wastes;

(2) a Class B misdemeanor if the violation is a second or subsequent violation and:

(A) the violation does not involve the burning of:

(i) substances described by Subdivision (1); or

(ii) insulation on electrical wire or cable, treated lumber, plastics, non-wood construction or demolition materials, furniture, carpet, or items containing natural or synthetic rubber; or

(B) the violation involves the burning of substances described by Paragraph (A)(ii) and none of the prior violations involved the burning of substances described by Subdivision (1) or Paragraph (A)(ii); or

(3) a Class A misdemeanor if the violation:

(A) involves the burning of substances described by Subdivision (1); or

(B) is a second or subsequent violation and involves the burning of substances described by Subdivision (2)(A)(ii) and one or more of the prior violations involved the burning of substances described by Subdivision (1) or (2)(A)(ii).

Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1264 (H.B. 857), Sec. 1, eff. September 1, 2009.

Acts 2017, 85th Leg., R.S., Ch. 145 (H.B. 1619), Sec. 2, eff. September 1, 2017.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2009–2022 · leading case: State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009).
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State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009). · cites it 4× “177(a)(5) is punishable by up to 180 *310 days in jail pursuant to Tex. Water Code § 7.187(2X0, § 7.177(a)(5), it is a Class B misdemeanor.”
Thomas Edward Blankenship v. the State of Texas (Tex. App. 2022). · cites it 6× “Tex. Water Code Ann. § 7.187 (b). The legislature grouped prohibited items into three punishment tiers: (1) “heavy oils, asphaltic materials, potentially explosive materials, [and] chemical wastes,” the burning of which is punished with the most severity; (2) “insulation on…”
Thomas Edward Blankenship v. the State of Texas (Tex. App. 2022). · cites it 6× “Tex. Water Code Ann. § 7.187 (b). The legislature grouped prohibited items into three punishment tiers: (1) “heavy oils, asphaltic materials, potentially explosive materials, [and] chemical wastes,” the burning of which is punished with the most severity; (2) “insulation on…”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). · cites it 2× “Tex. Water Code § 7.187(1)(B), (2)(C). 5.”
— Tex. Water Code § 7.187(1)(B) — 2 cases
State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009). “177(a)(5) is punishable by up to 180 *310 days in jail pursuant to Tex. Water Code § 7.187(2X0, § 7.177(a)(5), it is a Class B misdemeanor.”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). “Tex. Water Code § 7.187(1)(B), (2)(C). 5.”
— Tex. Water Code § 7.187(2)(C) — 2 cases
State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009). “177(a)(5) is punishable by up to 180 *310 days in jail pursuant to Tex. Water Code § 7.187(2X0, § 7.177(a)(5), it is a Class B misdemeanor.”
State of Texas v. Rhine, Michael Joseph (Tex. Crim. App. 2009). “Tex. Water Code § 7.187(1)(B), (2)(C). 5.”
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