| 1 | 1 | | 85R6067 JTS-D |
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| 2 | 2 | | By: Nichols S.B. No. 1064 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to volunteer firefighter supervision of outdoor burning of |
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| 8 | 8 | | waste consisting of plant growth. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 382.018(d), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d) The commission may not control or prohibit outdoor |
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| 13 | 13 | | burning of waste consisting of trees, brush, grass, leaves, branch |
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| 14 | 14 | | trimmings, or other plant growth if: |
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| 15 | 15 | | (1) the person burning the waste is doing so at a site: |
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| 16 | 16 | | (A) designated for consolidated burning of waste |
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| 17 | 17 | | generated from specific residential properties; |
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| 18 | 18 | | (B) located in a county with a population of less |
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| 19 | 19 | | than 50,000; |
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| 20 | 20 | | (C) located outside of a municipality; and |
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| 21 | 21 | | (D) supervised at the time of the burning by: |
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| 22 | 22 | | (i) an employee of a fire department who is |
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| 23 | 23 | | part of the fire protection personnel, as defined by Section |
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| 24 | 24 | | 419.021, Government Code, of the department and is acting in the |
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| 25 | 25 | | scope of the person's employment; or |
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| 26 | 26 | | (ii) a volunteer firefighter acting in the |
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| 27 | 27 | | scope of the firefighter's volunteer duties; and |
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| 28 | 28 | | (2) the waste was generated from a property for which |
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| 29 | 29 | | the site is designated. |
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| 30 | 30 | | SECTION 2. This Act takes effect September 1, 2017. |
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