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79R6008 JTS-D
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.
(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.