By Ramsay H.B. No. 2620 76R8284 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) Any person is entitled to injunctive relief to prevent 2-25 the violation or threatened violation of a prohibition or 2-26 restriction established by an order adopted under this section. 2-27 (g) A person commits an offense if the person knowingly or 3-1 intentionally violates a prohibition or restriction established by 3-2 an order adopted under this section. An offense under this 3-3 subsection is a Class C misdemeanor. 3-4 SECTION 2. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended, 3-9 and that this Act take effect and be in force from and after its 3-10 passage, and it is so enacted.