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. 2-16 * * * * *