Bill Text: TX HB1837 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the authority of counties to require a person to notify a local governmental entity before starting an outdoor fire; creating a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-12 - Received from the House [HB1837 Detail]
Download: Texas-2017-HB1837-Engrossed.html
| By: Springer | H.B. No. 1837 | |
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| relating to the authority of counties to require a person to notify | ||
| a local governmental entity before starting an outdoor fire; | ||
| creating a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 352, Local Government | ||
| Code, is amended by adding Section 352.083 to read as follows: | ||
| Sec. 352.083. NOTIFICATION OF OUTDOOR BURNING. (a) This | ||
| section does not apply to a person who obtains a permit for outdoor | ||
| burning before starting an outdoor fire in the county from a local | ||
| governmental entity with authority to provide fire protection | ||
| services in the area. A local governmental entity that issues a | ||
| permit described by this subsection must notify the local | ||
| governmental entity described by Subsection (b) that the permit was | ||
| issued. | ||
| (b) The commissioners court of a county by order may require | ||
| a person to notify a local governmental entity, as specified by the | ||
| commissioners court, before starting an outdoor fire in the county. | ||
| This subsection does not authorize a commissioners court to require | ||
| a person to take any action other than to provide a single notice to | ||
| the appropriate local governmental entity. In this section, | ||
| "outdoor fire" does not include: | ||
| (1) a campfire started at a campsite; | ||
| (2) a fire used to cook food on a grill or in a pit; | ||
| (3) a fire started in an enclosed outdoor fireplace or | ||
| oven, including a chimenea; or | ||
| (4) a fire used to burn trash in an enclosed container. | ||
| (c) A person commits an offense if the person knowingly or | ||
| intentionally violates an order adopted under Subsection (a). An | ||
| offense under this subsection is a Class C misdemeanor. | ||
| 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. | ||
