How to Report Littering in Texas: Programs and Penalties

To report littering in Texas, pick the channel that matches what you saw: use the Texas Department of Transportation’s Don’t Mess with Texas “Report a Litterer” program for trash tossed from a vehicle, contact the Texas Commission on Environmental Quality (TCEQ) for illegal dumping, and call local police or the county sheriff if you want the person actually charged. Penalties under state law run from a $500 fine for small amounts up to a state jail felony for 1,000 pounds or more.

What to Write Down Before You File

Every reporting channel wants the same core facts, so collect them first. The license plate is the single most important detail. Without it, most programs can’t act. Add the vehicle’s make, model, and color in case the plate is partially obscured.

For location, note the highway number and the nearest mile marker, cross street, or exit. “Somewhere on I-35” is not enough. Record the date, time, and direction of travel. Identify what was thrown or dumped, because the type and estimated weight decide how serious the offense is under Texas law.

Your safety comes first. Don’t grab your phone while driving. A passenger can take notes, or you can pull over when it’s safe. A report filed a few minutes later with accurate details is worth more than an immediate one with wrong information.

Reporting Roadside Littering Through Don’t Mess With Texas

TxDOT runs a “Report a Litterer” form through the Don’t Mess with Texas campaign at dontmesswithtexas.org. The form asks for the license plate, a vehicle description, the location, and what was thrown out.

This channel is built for everyday roadside littering, such as trash tossed from a car window. After you submit, TxDOT mails the registered owner a letter about the environmental impact of littering along with a litterbag. The approach is educational. No one gets a fine or a court date from this program, and your identity as the reporter stays anonymous.

Use this route when you caught the plate but weren’t in a position to call law enforcement. It creates a paper trail, and repeat offenders get more than one letter. For anything larger or more dangerous, the next two channels have real teeth.

Reporting Illegal Dumping to TCEQ

When the problem involves large quantities of waste on private land, near waterways, or in unauthorized locations, TCEQ handles it. The agency takes complaints 24 hours a day for matters under its jurisdiction.¹

You can file through TCEQ’s online form or by calling the regional office covering your area; TCEQ publishes a regional directory with phone numbers. Unless you ask to stay anonymous, an investigator will contact you to talk through the details. In most cases TCEQ conducts an on-site investigation to determine whether environmental rules were violated. If a violation is confirmed, TCEQ can order the violator to correct the problem within a set timeframe or, for serious or ongoing violations, pursue formal enforcement and a fine.¹

If you plan to submit your own evidence, TCEQ requires a notarized affidavit and your willingness to testify at any enforcement hearing. Anonymity can’t be guaranteed if your evidence is used.¹

Dumping Near Waterways

Dumping in or near rivers, lakes, and coastal waters gets special attention. TCEQ and TxDOT place signs at major highway water crossings with a toll-free number for reporting illegal dumping near those waterways. TCEQ then forwards the report to the local enforcement agency for that area.² Under Texas law, disposing of waste into inland or coastal waters is illegal regardless of the amount.³

Hazardous Materials and Federal Violations

If the dumping involves hazardous materials or looks like a federal environmental violation, you can also report it to the U.S. Environmental Protection Agency through echo.epa.gov.⁴

Reporting Littering to Local Law Enforcement

Call local police or the county sheriff’s office when you see someone actively littering and want an immediate response. Most Texas municipalities have non-emergency lines or a 311 system for this. If hazardous material is involved, or the dumping is happening on a large scale right in front of you, 911 may be appropriate.

This is the only channel that can produce criminal charges. Officers can use witness details to build a case even if they didn’t see the act themselves, and a conviction can bring fines, jail time, or a criminal record. Be ready to give a detailed statement and cooperate as a witness later.

Criminal Penalties for Littering in Texas

Texas structures its littering penalties around how much waste is involved, and the consequences scale sharply. All of these offenses sit under Texas Health and Safety Code Section 365.012.³

Class C misdemeanor: waste weighing 5 pounds or less, or 5 gallons or less in volume. Maximum $500 fine, no jail time.
Class B misdemeanor: more than 5 pounds but less than 500 pounds, or more than 5 gallons but less than 100 cubic feet. Fine up to $2,000 and up to 180 days in jail.
Class A misdemeanor: 500 to 1,000 pounds, or 100 to 200 cubic feet. Also covers commercial dumping of more than 5 pounds but less than 200 pounds. Fine up to $4,000 and up to one year in jail.
State jail felony: 1,000 pounds or more, or 200 cubic feet or more. Also covers commercial dumping of 200 pounds or more, or any waste disposed of in a closed barrel or drum.

The closed-barrel provision catches people trying to conceal what they’re dumping. Regardless of weight, a sealed barrel or drum makes the offense a state jail felony.³

Repeat Offenders

A prior conviction under Section 365.012 bumps the punishment up to the next highest category. A first offense at Class C becomes Class B on the second conviction, and so on up the scale. The escalation applies regardless of how much time has passed between offenses.³

Lighted Litter That Starts a Fire

Tossing a lit cigarette, match, or cigar has its own offense category when the lighted material starts a fire. If the waste involved weighs less than 500 pounds, the offense is punishable by a fine up to $500, up to 30 days in jail, or both. For fires involving larger quantities, the standard weight-based tiers apply.³

Mandatory Community Service

Every littering conviction in Texas also triggers community service. The court is required to order it on top of any other penalty, not as a substitute.³ It usually takes the form of litter pickup along roadways or in public spaces, and it isn’t at the judge’s discretion. If there’s a conviction, the court must impose it.

1
Texas Commission on Environmental Quality. Make an Environmental Complaint
2
Texas Commission on Environmental Quality. Don’t Mess with Texas Water: A Way to Report Illegal Dumping
3
State of Texas. Texas Health and Safety Code 365.012 – Illegal Dumping; Discarding Lighted Materials; Criminal Penalties
4
US EPA. Report a Violation