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.