By: Bailes, et al. (Senate Sponsor - Nichols) H.B. No. 2386

(In the Senate - Received from the House April 24, 2017; May 3, 2017, read first time and referred to Committee on Natural Resources & Economic Development; May 17, 2017, reported favorably by the following vote: Yeas 10, Nays 0; May 17, 2017, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to volunteer firefighter supervision of outdoor burning of waste consisting of plant growth.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 382.018(d), Health and Safety Code, is amended to read as follows:

(d) 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:

(i) 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; or

(ii) a volunteer firefighter acting in the scope of the firefighter's volunteer duties; and

(2) the waste was generated from a property for which the site is designated.

SECTION 2. This Act takes effect September 1, 2017.

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