HBA-MPA C.S.H.B. 2620 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2620 By: Ramsay County Affairs 4/11/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, there is no statutorily established procedure to be followed by a commissioners court to order a restriction on outdoor burning when necessary to protect public health and safety. C.S.H.B. 2620 establishes the standards relating to the adoption of a "burn ban" by a commissioners court. This bill describes the procedure to be followed by the commissioners court in ordering a restriction on outdoor burning, specifies the duration of such an order, allows for specific exceptions to the ban, allows injunctive relief for violations or threatened violations, and creates a penalty for intentional violations. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.906, as follows: Sec. 240.906. REGULATION OF OUTDOOR BURNING. (a) Defines "drought conditions." (b) Requires the Texas Forest Service (service) to determine, on the request of the commissioners court of a county, whether drought conditions exist in all or part of a county. Requires the service to make available the measurement index guidelines used to determine if drought conditions exist in a particular area. Requires the service to notify the county when drought conditions no longer exist. Authorizes the service to accept donations of equipment or funds as necessary to carry out this section. (c) Authorizes the commissioners court, by order, to prohibit or restrict outdoor burning in general, or of a particular substance in all or in part of the unincorporated area of the county if drought conditions have been determined to exist, and the commissioners court makes a finding that circumstances create a public safety hazard exacerbated by outdoor burning. (d) Provides that an order adopted under this section must specify the period during which outdoor burning is prohibited or restricted, not to exceed 90 days after the date the order is adopted. Authorizes the commissioners court to adopt another order under this section on the expiration of the previous order. (e) Provides that an order adopted under this section expires on the date a determination is made that drought conditions no longer exist, or a determination is made by the commissioners court that a hazard to public safety no longer exists. (f) Provides that this section does not apply to outdoor burning activities related to public health and safety authorized by the Texas Natural Resource Conservation Commission for firefighter training or public utility, natural gas pipeline, or mining operations. (g) Provides that any person is entitled to injunctive relief to prevent the violation or threatened violation of the prohibition or restriction established by an order under this section. (h) Provides that a person commits a Class C misdemeanor if the person knowingly or intentionally violates a prohibition or restriction established by an order adopted under this section. SECTION 2.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2620 differs from the original bill in SECTION 1 by adding a new Subsection (f) to proposed Section 240.906, Local Government Code, providing that this section does not apply to outdoor burning activities related to public health and safety that are authorized by the Texas Natural Resource Conservation Commission for firefighter training or public utility, natural gas pipeline, or mining operations. Redesignates originally proposed Subsections (f) and (g) as (g) and (h).