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;
 3-1                 (2)  public utility, natural gas pipeline, or mining
 3-2     operations; or
 3-3                 (3)  harvesting of agriculture crops.
 3-4           (g)  Any person is entitled to injunctive relief to prevent
 3-5     the violation or threatened violation of a prohibition or
 3-6     restriction established by an order adopted under this section.
 3-7           (h)  A person commits an offense if the person knowingly or
 3-8     intentionally violates a prohibition or restriction established by
 3-9     an order adopted under this section.   An offense under this
3-10     subsection is a Class C misdemeanor.
3-11           SECTION 2.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended,
3-16     and that this Act take effect and be in force from and after its
3-17     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2620 was passed by the House on April
         27, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2620 on May 26, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2620 was passed by the Senate, with
         amendments, on May 24, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor