1-1     By:  Ramsay (Senate Sponsor - Armbrister)             H.B. No. 2620
 1-2           (In the Senate - Received from the House April 28, 1999;
 1-3     April 29, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported favorably, as
 1-5     amended, by the following vote:  Yeas 4, Nays 0; May 14, 1999, sent
 1-6     to printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Ellis
 1-8     Amend HB 2620 Section 1 by adding Section 240.906(f)(3) to read
 1-9     Section 240.906(f)  This Section does not apply to...
1-10           (3)  harvesting of agriculture crops.
1-11                            A BILL TO BE ENTITLED
1-12                                   AN ACT
1-13     relating to authorizing counties to prohibit or restrict outdoor
1-14     burning; providing a criminal penalty.
1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16           SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,
1-17     is amended by adding Section 240.906 to read as follows:
1-18           Sec. 240.906.  REGULATION OF OUTDOOR BURNING.  (a)  In this
1-19     section, "drought conditions" means the existence of a long-term
1-20     deficit of moisture creating atypically severe conditions with
1-21     increased wildfire occurrence as defined by the Texas Forest
1-22     Service through the use of the Keetch-Byram Drought Index or, when
1-23     that index is not available, through the use of a comparable
1-24     measurement that takes into consideration the burning index, spread
1-25     component, or ignition component for the particular area.
1-26           (b)  On the request of the commissioners court of a county,
1-27     the Texas Forest Service shall determine whether drought conditions
1-28     exist in all or part of the county.  The Texas Forest Service shall
1-29     make available the measurement index guidelines that determine
1-30     whether a particular area is in drought condition.  Following a
1-31     determination that drought conditions exist, the Texas Forest
1-32     Service shall notify the county when drought conditions no longer
1-33     exist.  The Texas Forest Service may accept donations of equipment
1-34     or funds as necessary to aid the Texas Forest Service in carrying
1-35     out this section.
1-36           (c)  The commissioners court of a county by order may
1-37     prohibit or restrict outdoor burning in general or outdoor burning
1-38     of a particular substance in all or part of the unincorporated area
1-39     of the county if:
1-40                 (1)  drought conditions have been determined to exist
1-41     as provided by Subsection (b); or
1-42                 (2)  the commissioners court makes a finding that
1-43     circumstances present in all or part of the unincorporated area
1-44     create a public safety hazard that would be exacerbated by outdoor
1-45     burning.
1-46           (d)  An order adopted under this section must specify the
1-47     period during which outdoor burning is prohibited or restricted.
1-48     The period may not extend beyond the 90th day after the date the
1-49     order is adopted.  A commissioners court may adopt an order under
1-50     this section that takes effect on the expiration of a previous
1-51     order adopted under this section.
1-52           (e)  An order adopted under this section expires, as
1-53     applicable, on the date:
1-54                 (1)  a determination is made under Subsection (b) that
1-55     drought conditions no longer exist; or
1-56                 (2)  a determination is made by the commissioners court
1-57     that the circumstances identified under Subsection (c)(2) no longer
1-58     exist.
1-59           (f)  This section does not apply to outdoor burning
1-60     activities related to public health and safety that are authorized
1-61     by the Texas Natural Resource Conservation Commission for:
1-62                 (1)  firefighter training; or
1-63                 (2)  public utility, natural gas pipeline, or mining
 2-1     operations.
 2-2           (g)  Any person is entitled to injunctive relief to prevent
 2-3     the violation or threatened violation of a prohibition or
 2-4     restriction established by an order adopted under this section.
 2-5           (h)  A person commits an offense if the person knowingly or
 2-6     intentionally violates a prohibition or restriction established by
 2-7     an order adopted under this section.   An offense under this
 2-8     subsection is a Class C misdemeanor.
 2-9           SECTION 2.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended,
2-14     and that this Act take effect and be in force from and after its
2-15     passage, and it is so enacted.
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