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79R36 JTS-D

By:  Eissler                                                      H.B. No. 39 



A BILL TO BE ENTITLED

AN ACT

relating to outdoor burning of household refuse; creating an 
offense.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.018, Health and Safety Code, is 
amended to read as follows:
	Sec. 382.018.  OUTDOOR BURNING OF WASTE AND COMBUSTIBLE 
MATERIAL.  (a)  Subject to Subsection (b), the [The] commission by 
rule may control and prohibit the outdoor burning of waste and 
combustible material and may include requirements concerning the 
particular method to be used to control or abate the emission of air 
contaminants resulting from that burning.
	(b)  In this subsection, "neighborhood" and "refuse" have 
the meanings assigned by Section 343.002.  A person may not burn 
household refuse outdoors on a lot that is:
		(1)  located in a neighborhood; or                                     
		(2)  smaller than five acres.                                          
	SECTION 2.  Subchapter E, Chapter 7, Water Code, is amended 
by adding Section 7.1835 to read as follows:
	Sec. 7.1835.  VIOLATION RELATING TO OUTDOOR BURNING.  (a)  A 
person commits an offense if the person intentionally or knowingly 
violates Section 382.018(b), Health and Safety Code.
	(b)  An offense under this section is a Class C misdemeanor. 
On conviction of an offense under this section, the court shall 
require the defendant, in addition to any fine, to perform 
community service as provided by Section 16(e), Article 42.12, Code 
of Criminal Procedure.
	SECTION 3.  Section 16, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (e) to read as follows:
	(e)  A defendant required to perform community service under 
this section after conviction of an offense under Section 7.1835, 
Water Code, shall perform 60 hours of service.  The community 
service must consist of picking up litter in the county in which the 
defendant resides or working at a recycling facility if a program 
for performing that type of service is available in the community in 
which the court is located.
	SECTION 4.  This Act takes effect September 1, 2005.