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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of counties to require a person to notify |
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a local governmental entity before starting an outdoor fire; |
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creating a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 352, Local Government |
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Code, is amended by adding Section 352.083 to read as follows: |
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Sec. 352.083. NOTIFICATION OF OUTDOOR BURNING. (a) This |
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section does not apply to a person who obtains a permit for outdoor |
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burning before starting an outdoor fire in the county from a local |
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governmental entity with authority to provide fire protection |
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services in the area. A local governmental entity that issues a |
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permit described by this subsection must notify the local |
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governmental entity described by Subsection (b) that the permit was |
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issued. |
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(b) The commissioners court of a county by order may require |
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a person to notify a local governmental entity, as specified by the |
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commissioners court, before starting an outdoor fire in the county. |
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This subsection does not authorize a commissioners court to require |
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a person to take any action other than to provide a single notice to |
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the appropriate local governmental entity. In this section, |
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"outdoor fire" does not include: |
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(1) a campfire started at a campsite; |
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(2) a fire used to cook food on a grill or in a pit; |
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(3) a fire started in an enclosed outdoor fireplace or |
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oven, including a chimenea; or |
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(4) a fire used to burn trash in an enclosed container. |
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(c) A person commits an offense if the person knowingly or |
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intentionally violates an order adopted under Subsection (a). An |
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offense under this subsection is a Class C misdemeanor. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |