By: Bailes, et al. (Senate Sponsor - Nichols) H.B. No. 2386
(In the Senate - Received from the House April 24, 2017;
May 3, 2017, read first time and referred to Committee on Natural
Resources & Economic Development; May 17, 2017, reported favorably
by the following vote: Yeas 10, Nays 0; May 17, 2017, sent to
printer.)
Click here to see the committee vote
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.
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