By Ramsay H.B. No. 2620
76R10865 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing counties to prohibit or restrict outdoor
1-3 burning; providing a criminal penalty.
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. REGULATION OF OUTDOOR BURNING. (a) In this
1-8 section, "drought conditions" means the existence of a long-term
1-9 deficit of moisture creating atypically severe conditions with
1-10 increased wildfire occurrence as defined by the Texas Forest
1-11 Service through the use of the Keetch-Byram Drought Index or, when
1-12 that index is not available, through the use of a comparable
1-13 measurement that takes into consideration the burning index, spread
1-14 component, or ignition component for the particular area.
1-15 (b) On the request of the commissioners court of a county,
1-16 the Texas Forest Service shall determine whether drought conditions
1-17 exist in all or part of the county. The Texas Forest Service shall
1-18 make available the measurement index guidelines that determine
1-19 whether a particular area is in drought condition. Following a
1-20 determination that drought conditions exist, the Texas Forest
1-21 Service shall notify the county when drought conditions no longer
1-22 exist. The Texas Forest Service may accept donations of equipment
1-23 or funds as necessary to aid the Texas Forest Service in carrying
1-24 out this section.
2-1 (c) The commissioners court of a county by order may
2-2 prohibit or restrict outdoor burning in general or outdoor burning
2-3 of a particular substance in all or part of the unincorporated area
2-4 of the county if:
2-5 (1) drought conditions have been determined to exist
2-6 as provided by Subsection (b); or
2-7 (2) the commissioners court makes a finding that
2-8 circumstances present in all or part of the unincorporated area
2-9 create a public safety hazard that would be exacerbated by outdoor
2-10 burning.
2-11 (d) An order adopted under this section must specify the
2-12 period during which outdoor burning is prohibited or restricted.
2-13 The period may not extend beyond the 90th day after the date the
2-14 order is adopted. A commissioners court may adopt an order under
2-15 this section that takes effect on the expiration of a previous
2-16 order adopted under this section.
2-17 (e) An order adopted under this section expires, as
2-18 applicable, on the date:
2-19 (1) a determination is made under Subsection (b) that
2-20 drought conditions no longer exist; or
2-21 (2) a determination is made by the commissioners court
2-22 that the circumstances identified under Subsection (c)(2) no longer
2-23 exist.
2-24 (f) This section does not apply to outdoor burning
2-25 activities related to public health and safety that are authorized
2-26 by the Texas Natural Resource Conservation Commission for:
2-27 (1) firefighter training; or
3-1 (2) public utility, natural gas pipeline, or mining
3-2 operations.
3-3 (g) Any person is entitled to injunctive relief to prevent
3-4 the violation or threatened violation of a prohibition or
3-5 restriction established by an order adopted under this section.
3-6 (h) A person commits an offense if the person knowingly or
3-7 intentionally violates a prohibition or restriction established by
3-8 an order adopted under this section. An offense under this
3-9 subsection is a Class C misdemeanor.
3-10 SECTION 2. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.