77R10848 PAM-D
By Ramsay H.B. No. 3315
Substitute the following for H.B. No. 3315:
By Shields C.S.H.B. No. 3315
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.