pdf version -
Burn Ban Legislation
§ 352.081. REGULATION OF OUTDOOR BURNING. (a) In this
section, "drought conditions" means the existence of a long-term
deficit of moisture creating atypically severe conditions with
increased wildfire occurrence as defined by the Texas Forest
Service through the use of the Keetch-Byram Drought Index or, when
that index is not available, through the use of a comparable
measurement that takes into consideration the burning index, spread
component, or ignition component for the particular area.
(b) On the request of the commissioners court of a county,
the Texas Forest Service shall determine whether drought conditions
exist in all or part of the county. The Texas Forest Service shall
make available the measurement index guidelines that determine
whether a particular area is in drought condition. Following a
determination that drought conditions exist, the Texas Forest
Service shall notify the county when drought conditions no longer
exist. The Texas Forest Service may accept donations of equipment
or funds as necessary to aid the Texas Forest Service in carrying
out this section.
(c) The commissioners court of a county by order may
prohibit or restrict outdoor burning in general or outdoor burning
of a particular substance in all or part of the unincorporated area
of the county if:
(1) drought conditions have been determined to exist
as provided by Subsection (b); or
(2) the commissioners court makes a finding that
circumstances present in all or part of the unincorporated area
create a public safety hazard that would be exacerbated by outdoor
burning.
(d) An order adopted under this section must specify the
period during which outdoor burning is prohibited or restricted.
The period may not extend beyond the 90th day after the date the
order is adopted. A commissioners court may adopt an order under
this section that takes effect on the expiration of a previous order
adopted under this section.
(e) An order adopted under this section expires, as
applicable, on the date:
(1) a determination is made under Subsection (b) that
drought conditions no longer exist; or
(2) a determination is made by the commissioners court
that the circumstances identified under Subsection (c)(2) no longer
exist.
(f) This section does not apply to outdoor burning
activities:
(1) related to public health and safety that are
authorized by the Texas Natural Resource Conservation Commission
for:
(A) firefighter training;
(B) public utility, natural gas pipeline, or
mining operations; or
(C) planting or harvesting of agriculture crops;
or
(2) that are conducted by a prescribed burn manager
certified under Section 153.048, Natural Resources Code, and meet
the standards of Section 153.047, Natural Resources Code.
(g) Any person is entitled to injunctive relief to prevent
the violation or threatened violation of a prohibition or
restriction established by an order adopted under this section.
(h) A person commits an offense if the person knowingly or
intentionally violates a prohibition or restriction established by
an order adopted under this section. An offense under this
subsection is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 1435, § 1, eff. Aug. 30, 1999.
Amended by Acts 2001, 77th Leg., ch. 1185, § 1, eff. Sept. 1,
2001. Renumbered from § 240.906 by Acts 2001, 77th Leg., ch.
1420, § 12.004, eff. Sept. 1, 2001.
§ 352.082. OUTDOOR BURNING OF HOUSEHOLD REFUSE IN CERTAIN
RESIDENTIAL AREAS. (a) This section applies only to the
unincorporated area of a county:
(1) that is adjacent to a county with a population of
3.3 million or more; and
(2) in which a planned community is located that has
20,000 or more acres of land, that was originally established under
the Urban Growth and New Community Development Act of 1970 (42
U.S.C. Section 4501 et seq.), and that is subject to restrictive
covenants containing ad valorem or annual variable budget based
assessments on real property.
(b) In this section, "neighborhood" and "refuse" have the
meanings assigned by Section 343.002, Health and Safety Code.
(c) A person commits an offense if the person intentionally
or knowingly burns household refuse outdoors on a lot that is:
(1) located in a neighborhood; or
(2) smaller than five acres.
(d) An offense under this section is a Class C misdemeanor.
On conviction of an offense under this section, the court shall
require the defendant, in addition to any fine, to perform
community service as provided by Section 16(e), Article 42.12, Code
of Criminal Procedure.
Added by Acts 2005, 79th Leg., ch. 904, § 2, eff. Sept. 1, 2005.