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