85R4891 JXC-F
By: Nichols S.B. No. 960
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of prescribed burning by the Texas
Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.018, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (f), (g),
and (h) to read as follows:
(a) Subject to Section 352.082, Local Government Code, and
the limitations of this section [except as provided by Subsections
(b) and (d)], the commission by rule may control and prohibit the
outdoor burning of waste and combustible material and may include
requirements concerning the particular method to be used to control
or abate the emission of air contaminants resulting from that
burning.
(f) The commission by rule shall authorize a certified and
insured prescribed burn manager to direct a prescribed burn of
waste in accordance with Chapter 153, Natural Resources Code, and
standards adopted by the Prescribed Burning Board for:
(1) the management of forests, ranches, wildlands, and
wildlife; and
(2) wildfire hazard mitigation purposes.
(g) Rules adopted under Subsection (f) may address the
emission of air contaminants but may not:
(1) include requirements concerning the particular
method to be used to control or abate the emission of air
contaminants resulting from the burning;
(2) include requirements concerning other potential
hazards associated with the burning, including the effects of smoke
on road conditions;
(3) require prior commission notification or approval
of the burning;
(4) require prior notification of the burning to or
prior approval of the burning by an owner, tenant, or occupant of
any neighboring property or structure;
(5) prescribe the time of day within which the outdoor
burning may commence or must be completed; or
(6) prescribe wind speeds or atmospheric conditions
that must be present or absent or predicted to be present or absent
before the burning may begin or while the burning is conducted.
(h) Subsections (f) and (g) do not affect the authority of
the Prescribed Burning Board to adopt standards under Chapter 153,
Natural Resources Code.
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.