85R6067 JTS-D
 
  By: Nichols S.B. No. 1064
 
 
 
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.