S.B. No. 1710
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) Except as provided by Subsections (b) and (d), the
[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 that does not contain any part of a city
that does not meet 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.
(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 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;
and
(2) the waste was generated from a property for which
the site is designated.
(e) A fire department employee who will supervise a burning
under Subsection (d)(1)(D) shall notify the commission of each
burning supervised by the employee, and the commission shall
provide the employee with information on practical alternatives to
burning.
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1710 passed the Senate on
April 28, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 28, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1710 passed the House, with
amendments, on May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor