HBA-TBM C.S.H.B. 3315 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3315
By: Ramsay
County Affairs
4/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the commissioners court of a county is authorized to
prohibit certain outdoor burning activities in areas where drought
conditions exist if it is to the benefit of the public.  The law provides
exceptions from the burn ban, but activities relating to planting
agriculture crops are not currently exempt. C.S.H.B. 3315 provides that
such activities are exempt from the burn ban, and requires the Prescribed
Burning Board to adopt standards and procedures regarding outdoor burning.

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. 

ANALYSIS

C.S.H.B. 3315 amends the Local Government Code to exempt outdoor burning
activities related to planting agriculture crops and prescribed burns that
are authorized by the Texas Natural Resource Conservation Commission for
the benefit of public health and safety from the burn ban applied to
counties experiencing drought conditions.  The bill also exempts burns
conducted in compliance with standards and procedures adopted by the
Prescribed Burning Board (board), and requires the Prescribed Burning Board
to adopt standards and procedures regarding outdoor burning.   

The bill amends the Natural Resources Code to require the board to adopt
standards and procedures governing outdoor burning activities that are
exempt from county regulation before December 1, 2001.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The amendment to the Local Government Code
takes effect December 1, 2001.   

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3315 differs from the original by requiring the Prescribed Burning
Board (board) to adopt standards and procedures governing outdoor burning
activities that are exempt from county regulation.  The substitute exempts
burns that are prescribed by the board, as well as burns that are conducted
in compliance with board standards and procedures.