SRC-AXB H.B. 2620 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2620
76R10865  PAM-DBy: Ramsay (Armbrister)
Intergovernmental Relations
5/10/1999
Engrossed


DIGEST 

Currently, there is no statutorily established procedure for a
commissioners court to order a "burn ban."  H.B. 2620 creates procedures
for the commissioners court of a county to order the restriction or
prohibition of outdoor burning, and creates a Class C misdemeanor offense
for a violation of such an order. 

PURPOSE

As proposed, H.B. 2620 creates authorization for the commissioners court of
a county to order the restriction or prohibition of outdoor burning, and
creates a Class C misdemeanor offense for a violation of such an order. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 240Z, Local Government Code, by adding Section
240.906, as follows: 

Sec.  240.906.  REGULATION OF OUTDOOR BURNING.  Defines "drought
conditions." Requires the Texas Forest Service (TFS), upon the request of
the commissioners court of a county (CCC), to determine drought conditions
of the county.  Requires TFS to provide measurement index guidelines that
determine drought conditions.  Requires TFS to notify a county when its
drought conditions no longer exist.  Authorizes TFS to accept donations as
necessary in carrying out this section.   Authorizes CCC, by order, to
prohibit or restrict outdoor burning under certain conditions.  Requires an
order adopted under this section to specify the burning restriction period.
Prohibits the period from exceeding 90 days from the adoption of the order.
Authorizes CCC to adopt an order that takes effect on the expiration of a
previous order.  Sets forth CCC order expiration dates.  Provides that this
section does not apply to certain outdoor burning activities.  Entitles
anyone to injunctive relief to prevent the violation of a burning
restriction.  Creates a Class C misdemeanor offense for a person who
knowingly or intentionally violates an order adopted under this section. 

SECTION 2.  Emergency clause.
  Effective date:  upon passage.