| 1 | 1 | | 85R4891 JXC-F |
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| 2 | 2 | | By: Nichols S.B. No. 960 |
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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 the regulation of prescribed burning by the Texas |
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| 8 | 8 | | Commission on Environmental Quality. |
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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, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsections (f), (g), |
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| 12 | 12 | | and (h) to read as follows: |
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| 13 | 13 | | (a) Subject to Section 352.082, Local Government Code, and |
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| 14 | 14 | | the limitations of this section [except as provided by Subsections |
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| 15 | 15 | | (b) and (d)], the commission by rule may control and prohibit the |
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| 16 | 16 | | outdoor burning of waste and combustible material and may include |
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| 17 | 17 | | requirements concerning the particular method to be used to control |
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| 18 | 18 | | or abate the emission of air contaminants resulting from that |
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| 19 | 19 | | burning. |
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| 20 | 20 | | (f) The commission by rule shall authorize a certified and |
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| 21 | 21 | | insured prescribed burn manager to direct a prescribed burn of |
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| 22 | 22 | | waste in accordance with Chapter 153, Natural Resources Code, and |
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| 23 | 23 | | standards adopted by the Prescribed Burning Board for: |
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| 24 | 24 | | (1) the management of forests, ranches, wildlands, and |
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| 25 | 25 | | wildlife; and |
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| 26 | 26 | | (2) wildfire hazard mitigation purposes. |
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| 27 | 27 | | (g) Rules adopted under Subsection (f) may address the |
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| 28 | 28 | | emission of air contaminants but may not: |
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| 29 | 29 | | (1) include requirements concerning the particular |
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| 30 | 30 | | method to be used to control or abate the emission of air |
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| 31 | 31 | | contaminants resulting from the burning; |
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| 32 | 32 | | (2) include requirements concerning other potential |
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| 33 | 33 | | hazards associated with the burning, including the effects of smoke |
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| 34 | 34 | | on road conditions; |
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| 35 | 35 | | (3) require prior commission notification or approval |
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| 36 | 36 | | of the burning; |
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| 37 | 37 | | (4) require prior notification of the burning to or |
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| 38 | 38 | | prior approval of the burning by an owner, tenant, or occupant of |
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| 39 | 39 | | any neighboring property or structure; |
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| 40 | 40 | | (5) prescribe the time of day within which the outdoor |
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| 41 | 41 | | burning may commence or must be completed; or |
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| 42 | 42 | | (6) prescribe wind speeds or atmospheric conditions |
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| 43 | 43 | | that must be present or absent or predicted to be present or absent |
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| 44 | 44 | | before the burning may begin or while the burning is conducted. |
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| 45 | 45 | | (h) Subsections (f) and (g) do not affect the authority of |
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| 46 | 46 | | the Prescribed Burning Board to adopt standards under Chapter 153, |
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| 47 | 47 | | Natural Resources Code. |
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| 48 | 48 | | SECTION 2. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2017. |
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