| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 85R1866 TJB-D | |
| 2 | 1 | By: Springer H.B. No. 1837 | |
| 3 | 2 | ||
| 4 | 3 | ||
| 5 | 4 | A BILL TO BE ENTITLED | |
| 6 | 5 | AN ACT | |
| 7 | 6 | relating to the authority of counties to require a person to notify | |
| 8 | 7 | a local governmental entity before starting an outdoor fire; | |
| 9 | 8 | creating a criminal penalty. | |
| 10 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 10 | SECTION 1. Subchapter D, Chapter 352, Local Government | |
| 12 | 11 | Code, is amended by adding Section 352.083 to read as follows: | |
| 13 | - | Sec. 352.083. NOTIFICATION OF OUTDOOR BURNING. (a) The | |
| 14 | - | commissioners court of a county by order may require a person to | |
| 15 | - | notify a local governmental entity, as specified by the | |
| 12 | + | Sec. 352.083. NOTIFICATION OF OUTDOOR BURNING. (a) This | |
| 13 | + | section does not apply to a person who obtains a permit for outdoor | |
| 14 | + | burning before starting an outdoor fire in the county from a local | |
| 15 | + | governmental entity with authority to provide fire protection | |
| 16 | + | services in the area. A local governmental entity that issues a | |
| 17 | + | permit described by this subsection must notify the local | |
| 18 | + | governmental entity described by Subsection (b) that the permit was | |
| 19 | + | issued. | |
| 20 | + | (b) The commissioners court of a county by order may require | |
| 21 | + | a person to notify a local governmental entity, as specified by the | |
| 16 | 22 | commissioners court, before starting an outdoor fire in the county. | |
| 17 | 23 | This subsection does not authorize a commissioners court to require | |
| 18 | 24 | a person to take any action other than to provide a single notice to | |
| 19 | 25 | the appropriate local governmental entity. In this section, | |
| 20 | 26 | "outdoor fire" does not include: | |
| 21 | 27 | (1) a campfire started at a campsite; | |
| 22 | 28 | (2) a fire used to cook food on a grill or in a pit; | |
| 23 | 29 | (3) a fire started in an enclosed outdoor fireplace or | |
| 24 | 30 | oven, including a chimenea; or | |
| 25 | 31 | (4) a fire used to burn trash in an enclosed container. | |
| 26 | - | ( | |
| 32 | + | (c) A person commits an offense if the person knowingly or | |
| 27 | 33 | intentionally violates an order adopted under Subsection (a). An | |
| 28 | 34 | offense under this subsection is a Class C misdemeanor. | |
| 29 | 35 | SECTION 2. This Act takes effect immediately if it receives | |
| 30 | 36 | a vote of two-thirds of all the members elected to each house, as | |
| 31 | 37 | provided by Section 39, Article III, Texas Constitution. If this | |
| 32 | 38 | Act does not receive the vote necessary for immediate effect, this | |
| 33 | 39 | Act takes effect September 1, 2017. |