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By:  Staples                                                      S.B. No. 1710


A BILL TO BE ENTITLED

AN ACT

relating to outdoor burning 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)  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 by rule shall authorize outdoor burning 
of waste if the waste:
		(1)  consists of trees, brush, grass, leaves, branch 
trimmings, or other plant growth; and
		(2)  is burned:                                                        
			(A)  in an area that meets the national ambient 
air quality standards; and
			(B)  on the property on which it was generated and 
by the owner of the property or any other person authorized by the 
owner.
	(c)  Rules adopted under Subsection (b) may not:                        
		(1)  require prior commission approval of the burning; 
or            
		(2)  authorize the burning only when no practical 
alternative to burning exists.
	SECTION 2.  This Act takes effect September 1, 2005.