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By:  Eltife                                                       S.B. No. 1665


A BILL TO BE ENTITLED

AN ACT

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, Health and Safety Code, is 
amended to read as follows:
	Sec. 382.018.  OUTDOOR BURNING OF WASTE AND COMBUSTIBLE 
MATERIAL.  (a)  Except as provided by 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)  The commission may not control or prohibit outdoor 
burning of waste consisting of trees, brush, grass, leaves, branch 
trimmings, or other plant growth if:
		(1)  the person burning the waste is doing so at a site:               
			(A)  designated for consolidated burning of waste 
generated from specific residential properties;
			(B)  located in a county with a population of less 
than 50,000;     
			(C)  located outside of a municipality; and                           
			(D)  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; 
and
		(2)  the waste was generated from a property for which 
the site is designated.
	SECTION 2.  This Act takes effect September 1, 2005.