SRC-MKV H.B. 3315 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3315
77R10848 PAM-DBy: Ramsay (Bernsen)
Natural Resources
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, the commissioners court of a county is authorized to
prohibit certain outdoor burning activities in areas where drought
conditions exist if it is to the benefit of the public. The law provides
exceptions from the burn ban, but activities relating to planting
agriculture crops are not currently exempt. H.B. 3315 provides that such
activities are exempt from the burn ban, and requires the Prescribed
Burning Board to adopt standards and procedures regarding outdoor burning.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 240.906(f), Local Government Code, as added by
Chapter 1435, Acts of the 76th Legislature, Regular Session, 1999, to add
language to provide that this section does not apply to outdoor burning
activities related to public health and safety that are authorized by the
Texas Natural Resource Conservation Commission for planting or harvesting
of agricultural crops or conducting prescribed burning under standards
established under Section 153.047 (Prescribed Burning Standards), Natural
Resources Code, and does not apply to activities that are conducted in
compliance with standards and procedures adopted by the Prescribed Burning
Board under Section 153.049, Natural Resources Code, for exemptions under
this section. 

SECTION 2.  Amends Chapter 153B, Natural Resources Code, by adding Section
153.049, as follows: 

Sec. 153.049.  OUTDOOR BURNING STANDARDS FOR COUNTIES.  Requires the
Prescribed Burning Board (board) to adopt standards and procedures
governing outdoor burning activities that are exempt from county regulation
under Section 240.906(f) (relating to the regulation of outdoor burning),
Local Government Code, as added by Chapter 1435, Acts of the 76th
Legislature, Regular Session, 1999. 

SECTION 3.  Requires the board to adopt the standards and procedures
required by Section 153.049, Natural Resources Code, as added by this Act,
before December 1, 2001. 

SECTION 4.  (a) Effective date: upon passage or September 1, 2001, except
as provided by Subsection (b) of this section. 

  (b) Provides that SECTION 1 of this Act takes effect December 1, 2001.