By: Hughes H.B. No. 3141
A BILL TO BE ENTITLED
relating to outdoor burning in certain counties under the Texas
Clean Air Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.018. OUTDOOR BURNING OF WASTE AND
COMBUSTIBLE MATERIAL. (a) Except as provided by Subsection (b),
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
(b) The commission may not control or prohibit outdoor
burning of waste consisting of trees, brush, grass, leaves, branch
trimmings, or other plant growth if the person burning the waste is
(1) in a county with a population of less than 175,000;
(2) at a site:
(A) used for consolidated burning of waste;
(B) located outside of a municipality; and
(C) supervised at the time of the burning by an
employee of a fire department who is part of the fire protection
personnel, as defined by Section 419.021, Government Code, of the
department and is acting in the scope of the person's employment.
SECTION 2. This Act takes effect September 1, 2005.