By Ramsay                                             H.B. No. 3315
         77R10848 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to county regulation of outdoor burning.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 240.906(f), Local Government Code, as
 1-5     added by Chapter 1435, Acts of the 76th Legislature, Regular
 1-6     Session, 1999, is amended to read as follows:
 1-7           (f)  This section does not apply to outdoor burning
 1-8     activities related to public health and safety that are:
 1-9                 (1)  authorized by the Texas Natural Resource
1-10     Conservation Commission for:
1-11                       (A) [(1)]  firefighter training;
1-12                       (B) [(2)]  public utility, natural gas pipeline,
1-13     or mining operations; [or]
1-14                       (C) [(3)]  planting or harvesting of agriculture
1-15     crops; or
1-16                       (D)  conducting prescribed burning under
1-17     standards established under Section 153.047, Natural Resources
1-18     Code; and
1-19                 (2)  conducted in compliance with standards and
1-20     procedures adopted by the Prescribed Burning Board under Section
1-21     153.049, Natural Resources Code, for exemptions under this section.
1-22           SECTION 2.  Subchapter B, Chapter 153, Natural Resources
1-23     Code, is amended by adding Section 153.049 to read as follows:
1-24           Sec. 153.049.  OUTDOOR BURNING STANDARDS FOR COUNTIES. The
 2-1     board shall adopt standards and procedures governing outdoor
 2-2     burning activities that are exempt from county regulation under
 2-3     Section 240.906(f), Local Government Code, as added by Chapter
 2-4     1435, Acts of the 76th Legislature, Regular Session, 1999.
 2-5           SECTION 3.  The Prescribed Burning Board shall adopt the
 2-6     standards and procedures required by Section 153.049, Natural
 2-7     Resources Code, as added by this Act, before December 1, 2001.
 2-8           SECTION 4.  (a)  Except as provided by Subsection (b) of this
 2-9     section:
2-10                 (1)  this Act takes effect immediately if it receives a
2-11     vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution; and
2-13                 (2)  if this Act does not receive the vote necessary
2-14     for immediate effect, this Act takes effect September 1, 2001.
2-15           (b)  Section 1 of this Act takes effect December 1, 2001.