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STATE OF TEXAS §
COUNTY OF KERB §
ORDER RESTRICTING OUTDOOR BURNING
WHEREAS; the Texas Forest Service has determined that drought
conditions exist with the county;
IT IS HEREBY ORDERED
by the Commissioners' Court of Ken County that all
outdoor burning is banned in the unincorporated area of the
county for 90 days from the date of adoption of this Order,
unless the restrictions are terminated earlier based on a
determination made by the Texas Forest Service or this
Court. This Order is adopted pursuant to Local
Government Code Section 204.906, and other applicable
statutes. This Order does not prohibit outdoor burning
activities (a) related to public health and safety that are
authorized by the Texas Natural Resources Commission for
(1) firefighter training; (2) public utility, natural gas pipeline
or mining operations; or (3) harvesting of agricultural crops
or (b) in enclosures such as trash barrels and charcoal grills
which are designed to contain all flames and embers.
In accordance with Local Government Code Section 204.906(h), a violation of this
Order is a Class C misdemeanor, punishable by a fine not to exceed $500.00
ADOPTED this 13`h day of September, 1999 by a vote of 4 ayes and 0
nays.
Attest:
LINTY CLERK
FRED HENNEKE, COUNTY JUDGE
~1~~d o.,~99
aN~E1TPIEPER, I~RN CO. RK TWE 1; [S~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF TffiS REQUEST AND DOC'UNiENTS TO BE
REVIEWED BY TIC COURT.
MADE BY: Fred Henneke OFFICE: County Judge
MEETING DATE: September 13, 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss Burn Ban pursuant to Subchapter Z, Chapter 240, Local Government Code.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Judge
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rule:
Adopted by Commissioners' Court.
H.B. No. 2620
AN ACT
relating to authorizing counties to prohibit or restrict outdoor burning; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION I. Subchapter Z, Chapter 240, Local Government Code, is amended by adding
Section 240.906 to read as follows:
Sec 240 906 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.
fib) On the reguest 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 aparticular 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 loner
exist; or
~2) a determination is made by the commissioners court that the circumstances
identified under Subsection (c)(2) no loner exist.
~t This section does not apply to outdoor burning activities related to public health and
safety that are authorized b the Texas Natural Resource Conservation Commission for:
(1) firefighter training;
2~public utility natural was pipeline or minim operations; or
(3) harvesting of agriculture crops.
~T An ~ erson is entitled to in'unctive relief to revent 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
rohibition or restriction established by an order ado ted under this section. An offense under
this subsection is a Class C misdemeanor.
SECTION 2. The importance of this legislation and the crowded condition of the calendars in
both houses create an emergency and an imperative public necessity that the constitutional rule
requiring bills to be read on three several days in each house be suspended, and this rule is
hereby suspended, and that this Act take effect and be in force from and after its passage, and it
is so enacted.
President of the Senate Speaker of the House
I certify that H.B. No. 2620 was passed by the House on April 27, 1999, by anon-record vote;
and that the House concurred in Senate amendments to H.B. No. 2620 on May 26, 1999, by a
non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2620 was passed by the Senate, with amendments, on May 24, 1999,
by the following vote: Yeas 30, Nays 0.
Secretary of the Senate
APPROVED:
Date
Governor