By Bosse                                              H.B. No. 2871

         75R494 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to county authority to prohibit or restrict the burning of

 1-3     certain substances in certain areas; providing penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,

 1-6     is amended by adding Section 240.906 to read as follows:

 1-7           Sec. 240.906.  TRASH-BURNING REGULATION.  (a)  In this

 1-8     section, "trash" has the meaning assigned to "garbage" and

 1-9     "rubbish" by Section 361.003, Health and Safety Code.

1-10           (b)  To protect public health or safety, the commissioners

1-11     court of a county with a population of 250,000 or more by order may

1-12     prohibit or restrict the burning of trash in the unincorporated

1-13     area of the county.

1-14           (c)  This section does not apply to the burning of trash at a

1-15     waste disposal facility regulated under other state or federal law.

1-16           (d)  Any person is entitled to injunctive relief to prevent a

1-17     violation or threatened violation of an order adopted under this

1-18     section.

1-19           (e)  A person who violates an order adopted under this

1-20     section is liable to the county for a civil penalty of not less

1-21     than $100 or more than $2,000.

1-22           (f)  The commissioners court may impose an administrative

1-23     penalty of not less than $100 or more than $2,000 on a person who

1-24     violates an order adopted under this section.  The amount of a

 2-1     penalty under this subsection shall be based on:

 2-2                 (1)  the seriousness of the violation, including the

 2-3     nature, circumstances, extent, and gravity of the violation;

 2-4                 (2)  the history of previous violations;

 2-5                 (3)  the amount necessary to deter a future violation;

 2-6                 (4)  efforts to correct the violation; and

 2-7                 (5)  any other matter that justice may require.

 2-8           (g)  A person commits an offense if the person violates an

 2-9     order adopted under this section.  An offense under this subsection

2-10     is a Class C misdemeanor.

2-11           SECTION 2.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.

2-16                          COMMITTEE AMENDMENT NO. 1

2-17           Amend H.B. 2871 as follows:

2-18           On page 1, line 11, strike "250,000" and substitute

2-19     "2,800,000".

2-20     75R10939 PAM-D                                            Gutierrez