85R1866 TJB-D
By: Springer H.B. No. 1837
A BILL TO BE ENTITLED
AN ACT
relating to the authority of counties to require a person to notify
a local governmental entity before starting an outdoor fire;
creating a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 352, Local Government
Code, is amended by adding Section 352.083 to read as follows:
Sec. 352.083. NOTIFICATION OF OUTDOOR BURNING. (a) The
commissioners court of a county by order may require a person to
notify a local governmental entity, as specified by the
commissioners court, before starting an outdoor fire in the county.
This subsection does not authorize a commissioners court to require
a person to take any action other than to provide a single notice to
the appropriate local governmental entity. In this section,
"outdoor fire" does not include:
(1) a campfire started at a campsite;
(2) a fire used to cook food on a grill or in a pit;
(3) a fire started in an enclosed outdoor fireplace or
oven, including a chimenea; or
(4) a fire used to burn trash in an enclosed container.
(b) A person commits an offense if the person knowingly or
intentionally violates an order adopted under Subsection (a). An
offense under this subsection is a Class C misdemeanor.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.