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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of prescribed burning by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.018, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (f), (g), |
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and (h) to read as follows: |
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(a) Subject to Section 352.082, Local Government Code, and |
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the limitations of this section [except as provided by Subsections
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(b) and (d)], the commission by rule may control and prohibit the |
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outdoor burning of waste and combustible material and may include |
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requirements concerning the particular method to be used to control |
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or abate the emission of air contaminants resulting from that |
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burning. |
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(f) The commission by rule shall authorize a certified and |
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insured prescribed burn manager to direct a prescribed burn of |
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waste in accordance with Chapter 153, Natural Resources Code, and |
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standards adopted by the Prescribed Burning Board for: |
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(1) the management of forests, ranches, wildlands, and |
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wildlife; and |
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(2) wildfire hazard mitigation purposes. |
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(g) Rules adopted under Subsection (f) may address the |
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emission of air contaminants but may not: |
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(1) include requirements concerning the particular |
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method to be used to control or abate the emission of air |
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contaminants resulting from the burning; |
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(2) include requirements concerning other potential |
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hazards associated with the burning, including the effects of smoke |
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on road conditions; |
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(3) require prior commission notification or approval |
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of the burning; |
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(4) require prior notification of the burning to or |
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prior approval of the burning by an owner, tenant, or occupant of |
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any neighboring property or structure; |
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(5) prescribe the time of day within which the outdoor |
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burning may commence or must be completed; or |
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(6) prescribe wind speeds or atmospheric conditions |
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that must be present or absent or predicted to be present or absent |
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before the burning may begin or while the burning is conducted. |
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(h) Subsections (f) and (g) do not affect the authority of |
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the Prescribed Burning Board to adopt standards under Chapter 153, |
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Natural Resources Code. |
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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. |