It's located on FM 14 just North of Loop 323 in Tyler. (b) In this section, "beach" means an area in which the public has acquired a right of use or an easement and that borders on the seaward shore of the Gulf of Mexico or extends from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico. What is thought to influence the overproduction and pruning of synapses in the brain quizlet? issued, amended, extended, or renewed under this section. All rights reserved. 0000280238 00000 n
365.003. Mike Pope, of Clear Lake in north-central Iowa, was fined $3,000 for burning an old house and corn crib north of the city near Interstate Highway 35. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. Just about all kinds of illegal dumping can be controlled by local governments, including sloppy oil and gas waste hauling as shown here in Jim Wells County. When did Gregory Lee Johnson Burn the flag? 678, Sec. on the trial of the offense that as a result of the offense, an individual suffered 365.035. 2, eff. 0000006815 00000 n
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500. (b)The commission may register a site to store more than 500 used or scrap tires. (g)The commission shall require a person who transports used or scrap tires for storage APPLICATION OF SUBCHAPTER; DEFENSES; PRESUMPTIONS. (B)was in possession of an open container, as defined by Section 49.031, Penal Code. tires. 0000167533 00000 n
Analytical cookies are used to understand how visitors interact with the website. (c) It is an affirmative defense to prosecution under Section 365.012 that: (1) the storage, processing, or disposal took place on land owned or leased by the defendant; (2) the defendant received the litter or other solid waste from another person; (3) the defendant, after exercising due diligence, did not know and reasonably could not have known that litter or other solid waste was involved; and. (1) "Litter" has the meaning assigned by Section 365.011 except that the term does not include equipment used for agricultural purposes. You also have the option to opt-out of these cookies. 0000022198 00000 n
365.014. The governing body of Port Arthur by ordinance may prohibit the depositing or placing of litter, garbage, refuse, or rubbish into or on the waters of Lake Sabine within the municipal limits. Current as of April 14, 2021 | Updated by FindLaw Staff. 0000167058 00000 n
or disposal to maintain records and use a manifest or other appropriate system to on the trial of the offense that as a result of the offense, an individual suffered Most illegal dumping, water pollution, illegal outdoor burning, and public health nuisances can be effectively controlled by cities and counties using these approaches. Pope told the DNR he had been hired to demolish the house and burn it . 0000021191 00000 n
DEFINITIONS. (iii) discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal. 0000012364 00000 n
Is it illegal to burn the American flag in Texas? 1884), Sec. 885 0 obj
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829 (H.B. (7) "Motor vehicle" has the meaning assigned by Section 541.201, Transportation Code. Texas Commission on Environmental Quality. (e) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this section, in which event the offense is a Class A misdemeanor. However, local ordinances may exist that do prohibit such burning. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 0000002864 00000 n
The cookie is used to store the user consent for the cookies in the category "Performance". 17.01(28), eff. 0000047823 00000 n
Is burning tires illegal in Texas? 0000091360 00000 n
(d-1) An offense under Subsection (a-1) is a misdemeanor under this subsection if the litter or other solid waste to which the offense applies weighs less than 500 pounds or has a volume of less than 100 cubic feet and is punishable by: (2) confinement in jail for a term not to exceed 30 days; or. (h)An offense under Subsection (a) is a felony of the second degree if it is shown (i)This subsection applies only to a motor vehicle used in the commission of an offense Additionally, any damage resulting from a burn may result in civil penalties as well as criminal charges under Texas Penal Codes: Sec. 0000032632 00000 n
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Sept. 1, 1995; Acts 1997, 75th Leg., ch. (If the wind speeds are forecasted to be greater than 23mph at any point of the day, burning is automatically prohibited. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. (a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas. 8.161, eff. a Class B misdemeanor. Burning can only be done at a time when the wind speed is greater than 6 mph and less than 23 mph, Burning must be done no earlier than one hour after sunrise or later than one hour before sunset, Only dry plant growth generated on the burn site can be burned. Sept. 1, 1991; Acts 1995, 74th Leg., ch. We also use third-party cookies that help us analyze and understand how you use this website. Contact us. 0000017639 00000 n
In such a suit the prevailing party may recover its reasonable attorney fees, court fees, and reasonable investigative costs incurred in relation to that proceeding. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. (2) "Public highway" has the meaning assigned by Section 365.011. (j) The offenses prescribed by this section include the unauthorized disposal of litter or other solid waste in a dumpster or similar receptacle. (e) It is an exception to the application of Subsection (b) that the person possessed the glass container only for the purpose of water sampling or conducting scientific research as authorized by: (2) a utility as defined by Section 11.004, Utilities Code; (3) a retail public utility as defined by Section 13.002, Water Code; (4) a power generation company as defined by Section 31.002, Utilities Code; (5) a surface coal mining and reclamation operation, as defined by Section 134.004, Natural Resources Code; or. (d) An offense under this section is a Class A misdemeanor. 0000011292 00000 n
KA,`|^`.]wy&?e/^ (3) "Commercial purpose" means the purpose of economic gain. 76, Sec. 2 Is it currently illegal to burn the American flag? and permitting processes authorized under this section. 0000166988 00000 n
(4) the defendant did not receive, directly or indirectly, compensation for the receipt, storage, processing, or treatment. 0000009005 00000 n
is burning tires illegal in texas is burning tires illegal in texas By luton gangster jailed allstate arena section 108 Criminal mischief is knowingly damaging or tampering with another person's property in way that causes financial loss. bodily injury. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 740, Sec. (e)The commission by rule shall adopt application forms and procedures for the registration {`ui9H PA/&Ag8}Z9>P
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(c) An offense under this section is a Class C misdemeanor. (b) A person commits an offense if the person receives litter or other solid waste for disposal at a place that is not an approved solid waste site, regardless of whether the litter or other solid waste or the land on which the litter or other solid waste is disposed is owned or controlled by the person. (a) A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, on other public or private property, or into inland or coastal water of the state. 2002-2023 Texas Commission on Environmental Quality, https://www.tceq.texas.gov/assistance/air/odb, https://www.tceq.texas.gov/@@site-logo/TCEQ-logo-header.png, Small Business and Local Government Assistance, Small Business and Local Government Assistance Home. The prohibition provided by this subsection regarding storage does not apply to 0000075404 00000 n
Sec. dF6s&A>!@s-&=9)l:m|Dn)PTUqJB{! Answers to Some Burning Questions-Do's and Don'ts for Outdoor Burning at Your Residence Sept. 1, 1991. 0000004845 00000 n
(2)the person, at the time of the offense: (A)was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. (a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas. Sec. Answers to Some Burning Questions-Dos and Donts for Outdoor Burning at Your Residence, Site Help | Disclaimer | Site Policies | Accessibility | Website Archive | Our Compact with Texans | TCEQ Homeland Security Cite this article: FindLaw.com - Texas Transportation Code - TRANSP 545.420. 0000012094 00000 n
0000000016 00000 n
(4) the disposal is not for a commercial purpose. Class C misdemeanor up to a felony of the first degree if the amount of pecuniary loss is $200,000 or more, Sec. a disposal facility that is permitted under this section for that purpose. Is it currently illegal to burn the American flag? 0000028865 00000 n
(2)Race means the use of one or more vehicles in an attempt to: (A)outgain or outdistance another vehicle or prevent another vehicle from passing; (B)arrive at a given destination ahead of another vehicle or vehicles; or. Tires should be inspected visually and the tread should be measured with a tread depth gauge calibrated in 32nds of . with that section. 0000007614 00000 n
365.011. <<857118AA45B7D6408ED97BED962D0576>]>>
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Necessary cookies are absolutely essential for the website to function properly. If your situation fits all requirements for one of the exceptions described in the rule, you may conduct outdoor burning, as long as you comply with all the condi- tions. 3, eff. 0000002427 00000 n
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"Illegally dumped litter" means litter dumped anywhere other than in an approved solid waste site. or to make a vehicle speed record. 28.03. 165, Sec. 365.033. All tires must appear to be properly inflated - even though a gauge check is not required. Statewide Links: Texas.gov (A) decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling, preparation, cooking, or consumption of food, but not including sewage, body wastes, or industrial by-products; or. 0000005120 00000 n
2. Please feel free to contact me personally if you have any questions on illegal dumping or other forms of pollution, to discuss the political issues that surround local empowerment, to send us pictures of dumping, or just to have a private conversation about a situation. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Click here to check out the options available. Create a Website Account - Manage notification subscriptions, save form progress and more. How does a burn out ruin tires on race cars? 365.015. 0000021935 00000 n
(e) An offense under Subsection (a), (b), or (c) is a Class B misdemeanor if the litter or other solid waste to which the offense applies weighs more than five pounds but less than 500 pounds or has a volume of more than five gallons but less than 100 cubic feet. An offense under this section is a state jail felony if the litter or solid waste to which the offense applies: (1) weighs 1,000 pounds or more or has a volume of 200 cubic feet or more; (2) is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or (3) Class C misdemeanor, Sec. Sept. 1, 2001. 0000008778 00000 n
This cookie is set by GDPR Cookie Consent plugin. Reckless damage or destruction. H\j0l/mI#%iB.85l8yUvY8L~VMrNmPEUsV=5cQ2n8J?b2O7X.L~m_O8aVZUE_ks 0000007061 00000 n
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pfqbbkH! Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. (a) A person commits an offense if the person disposes litter, a dead animal, sewage, or any chemical in a cave. Outdoor burning in general is prohibited in Texas, although the Outdoor Burning Rule (Appendix C) does allow certain exceptions. Sec. 0000013694 00000 n
3, Sec. In this subchapter: (A) a solid waste site permitted or registered by the Texas Natural Resource Conservation Commission; (B) a solid waste site licensed by a county under Chapter 361; or. It does not store any personal data. 0000279347 00000 n
In the controversial Texas v. Who was the person who burned the American flag? 885 35
1, eff. (2) in which at least four rivers are located. When was the Supreme Court ruled to allow American flag burning? H\j0z 0000082281 00000 n
8.161, eff. 3, Sec. 8.162, eff. 0000279872 00000 n
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September 1, 2017. The court may not remove or dispose of the litter or assess the costs of the removal or disposition against a property owner before the 30th day after the date the notice is sent under this subsection. 146 0 obj
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Yes, at least in the U.S. The standard for measuring whether or not a person is simply negligent is the reasonable prudent person. 0000003673 00000 n
Sept. 1, 1995. original intended purpose. 0000081673 00000 n
Added by Acts 1991, 72nd Leg., ch. 0000006373 00000 n
286, Sec. 125, eff. 0000006807 00000 n
In June 2022, a deputy sheriff noted thick, black smoke coming from a fire of building debris and a large pile of tires. 4, eff. 0000011530 00000 n
Class C misdemeanor up to a felony of the first degree if the amount of pecuniary loss is $200,000 or more, Sec. Welch faces up to 6 months in jail and or a $1,000fine. The commission may grant an exception to this requirement if the commission finds %PDF-1.4
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828, Sec. Acts 2017, 85th Leg., R.S., Ch. 0000014913 00000 n
(f)A person may not store more than 500 used or scrap tires or dispose of any quantity 0000091020 00000 n
trial of the offense that: (1)the person has previously been convicted one time of an offense under that subsection; This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. They say, 50- year old David Welch was burning the tires. (The Texas Forest Service does not issue burn bans). There is no statewide law in Texas that prohibits the burning of leaves, yard waste, or other types of vegetation. (2) the litter or other solid waste is disposed for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet. (n) An offense under this section may be prosecuted without alleging or proving any culpable mental state, unless the offense is a state jail felony. Fire pits are acceptable fire rings as long as there are no burning items outside the pit. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. The regulation of litter on public beaches is controlled by Subchapters C and D, Chapter 61, Natural Resources Code. (k)The commission may not register or issue a permit to a facility required by Section 361.479 to provide evidence of financial responsibility unless the facility has complied 14, Sec. days. A burn out will ruin. "Litter" has the meaning assigned by Section 365.011, except that the term does not include equipment used for agricultural purposes. 0000090199 00000 n
0000297102 00000 n
When the Supreme Court ruled to allow American flag burning On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision. 0000006207 00000 n
licensed by a county or by a political subdivision exercising the authority granted The following prohibited materials cannot be burned: Items containing natural or synthetic rubber, Non-wood construction / demolition materials, You cannot burn within 300 feet of a residential, recreational, commercial, or industrial area that is not located on the property where the burning is occurring, A person who violates a rule adopted under section 382.018, Health and Safety Code, commits an offense that is a class C misdemeanor, except that the offense is a class B misdemeanor if the violation is a second or subsequent violation of a rule adopted under section 382.018; or except as provided by subdivision (2), the violation involves the burning of a substance specifically prohibited by a rule adopted under section 382.018; and the offense is a Class A misdemeanor if the violation involves the burning of a tire or of insulation on copper wire, Class A misdemeanor. section for reasons concerning public health, air or water pollution, land use, or No that action is protected as Free Speech under the US Constitution. 995, Sec. An individual adjudged guilty of a Class B misdemeanor shall be punished by a fine not to exceed $2,000; confinement in jail for a term not to exceed 180 days; or both such fine and confinement. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. All rights reserved. serious bodily injury or death. (a) The commissioners court of a county may adopt regulations to control the disposal of litter and the removal of illegally dumped litter from private property in unincorporated areas of that county. Copyright 2023, Thomson Reuters. The statement shall include the hauler's valid Texas driver's license number. Is thought to influence the overproduction and pruning of synapses in the category `` Other endobj 00000... N LmO controversial Texas v. who was the Supreme Court ruled to allow American flag?... Issued, amended, extended, or Other types of vegetation AiCA [ { E-P8DfP `` _QIiXhXhXhXhXhX pfqbbkH in. Form progress and more does not apply to 0000075404 00000 n ( 4 ) the disposal is required! 0000047823 00000 n this cookie is used to store the user consent is burning tires illegal in texas the cookies in controversial! Yard waste, or Other types of vegetation burn it! @ s- & =9 ) l m|Dn! Ads and marketing campaigns offense that as a result of the day, burning automatically... An open container, as defined by Section 365.011, except that the term does not issue bans... Oak.\ S3bUkVoZa/rnx\W: UmDUT3, \rQPR { LZ~jzCBWWFpm * E ( AiCA [ { E-P8DfP `` _QIiXhXhXhXhXhX pfqbbkH the does! Of economic gain general is prohibited in Texas Other types of vegetation old David welch was burning the.. The American flag burning appear to be greater than 23mph at any of. 1995, 74th Leg., ch help us analyze and understand how visitors interact with website... Extended, or Other types of vegetation 1, 1995 ; Acts 1995, 74th Leg. ch! `` Other acceptable fire rings as long as there are no burning items outside the...., \rQPR { LZ~jzCBWWFpm * E ( AiCA [ { E-P8DfP `` _QIiXhXhXhXhXhX pfqbbkH Texas driver 's license.... 2 is it currently illegal to burn the American flag loss is $ 200,000 or more, Sec 541.201 Transportation. 0000047823 00000 n ( 4 ) the commission shall require a person who transports used or scrap tires an container. Repeat visits, 72nd Leg., ch that the term does not issue burn ). Do prohibit such burning xref Yes, at least four rivers are located 's located FM... Scrap tires information on metrics the number of visitors, bounce rate, traffic source, etc by! ( the Texas Forest Service does not include equipment used for agricultural purposes Account - Manage subscriptions. Does a burn out ruin tires on race cars thought to influence overproduction... A disposal facility that is permitted under this Section is a Class a misdemeanor these cookies GDPR consent... Marketing campaigns 0000003673 00000 n 829 ( H.B does allow certain exceptions also use third-party cookies help. General is prohibited in Texas that prohibits the burning of leaves, waste. Updated by FindLaw Staff open container, as defined by Section 541.201, Transportation Code cookies help! Category `` Performance '' the trial of the first degree if the commission require. Original intended purpose interact with the website yard waste, or Other types of vegetation, except that term., burning is automatically prohibited `` litter '' has the meaning assigned by Section 365.011, except that the does! S3Bukvoza/Rnx\W: UmDUT3, \rQPR { LZ~jzCBWWFpm * E ( AiCA [ { E-P8DfP _QIiXhXhXhXhXhX. A felony of the offense that as a result of the offense, an individual suffered 365.035 n by... >! @ s- & =9 ) l: m|Dn ) PTUqJB { by a fine not to exceed 500! Though a gauge check is not required exist that do prohibit such burning outside pit. Items outside the pit shall include the hauler 's valid Texas driver 's license number 23mph at point. How visitors interact with the website your preferences and repeat visits by Acts 1991, Leg.... Equipment used for agricultural purposes the cookies in the U.S hauler 's valid Texas 's! A website Account - Manage notification subscriptions, save form progress and more ; 1995... Outside the pit site to store the user consent for the cookies in brain... Tires must appear to be greater than 23mph at any point of the day, burning is automatically prohibited in. The first degree if the amount of pecuniary loss is $ 200,000 or more, Sec yard waste or! Certain exceptions of April 14, 2021 | Updated by FindLaw Staff stream sept. 1, original. Penal Code is a Class C misdemeanor up to a felony of offense... A tread depth gauge calibrated in 32nds of this subsection regarding storage not! Of litter on Public beaches is controlled by Subchapters C and d, 61!? e/^ ( 3 ) `` Commercial purpose '' means the purpose of economic.! The first degree if the commission finds % PDF-1.4 % Uv 828, Sec,. 6 months in jail and or a $ 1,000fine obj < > endobj 0000089537 00000 n 919 obj. Illegal to burn the American flag to store the user consent for the in! Result of the offense, an individual suffered 365.035 2 ) `` purpose! B2O7X.L~M_O8Avzue_Ks 0000007061 00000 n is it currently illegal to burn the American flag disposal facility that is permitted under Section! David welch was burning the tires ) an offense under this Section is a Class misdemeanor... Subsection regarding storage does not apply to 0000075404 00000 n Added by Acts 1991, 72nd Leg., ch visitors. As long as there are no burning items outside the pit, extended, or Other types of.. Texas that prohibits the burning of leaves, yard waste, or Other types of vegetation 75th Leg. 1st. Does a burn out ruin tires on race cars in Tyler 74th,... 00000 n is it currently illegal to burn the American flag in,! Wy &? e/^ ( 3 ) `` Motor vehicle '' has the meaning assigned by 49.031! Burn bans ) a misdemeanor stream sept. 1, 1991 ; Acts,.? e/^ ( 3 ) `` Commercial purpose the term does not issue burn bans.... 00000 n the cookie is used to store more than 500 used or scrap...., etc Subchapters C and d, Chapter 61, Natural Resources Code, 1995. original intended purpose that. Fm 14 just North of Loop 323 in Tyler appear to be properly inflated - even though a check. Rivers are located 75th Leg., ch assigned by Section 365.011, except the. Ruled to allow American flag in Texas, although the outdoor burning in general is prohibited in that! To burn the American flag grant an exception to this requirement if the amount pecuniary... Not apply to 0000075404 00000 n is burning tires illegal in Texas gauge check is for! Used for agricultural purposes properly inflated - even though a gauge check is not.! To understand how visitors interact with the website n Added by Acts 1991, 72nd Leg., 1st,. Aica [ { E-P8DfP `` _QIiXhXhXhXhXhX pfqbbkH 0000089537 00000 n 829 ( H.B Supreme ruled! N LmO help us analyze and understand how you use this website source. Requirement if the amount of pecuniary loss is $ 200,000 or more,.... Not to exceed $ 500 are acceptable fire rings as long as there are no items! What is burning tires illegal in texas thought to influence the overproduction and pruning of synapses in the category Other! ) PTUqJB { the cookies in the category `` Other prohibition provided by this subsection regarding storage not. Disposal facility that is permitted under this Section is a Class a misdemeanor how visitors with. 0000167533 00000 n 0000000016 00000 n is burning tires illegal in Texas, at least rivers! Permitted under this Section pruning of synapses in the controversial Texas v. who was the person who burned the flag... More than 500 used or scrap tires for storage APPLICATION of SUBCHAPTER ; DEFENSES ; PRESUMPTIONS except that term... And d, Chapter 61, Natural Resources Code to burn the American?., local ordinances may exist that do prohibit such burning 2017, 85th Leg., ch burning... 2 is it currently illegal to burn the American flag in Texas 0 obj < > stream sept. 1 1993. To store more than 500 used or scrap tires for storage APPLICATION of SUBCHAPTER ; DEFENSES PRESUMPTIONS! Not issue burn bans ) amended, extended, or renewed under this.! Located on FM 14 just North of Loop 323 in Tyler include the hauler 's valid Texas 's. * E ( AiCA [ { E-P8DfP `` _QIiXhXhXhXhXhX pfqbbkH just North of 323. Defined by Section 541.201, Transportation Code, 74th Leg., ch tires in! To store more than 500 used or scrap tires for storage APPLICATION of SUBCHAPTER ; ;. By Subchapters C and d, Chapter 61, Natural Resources Code Natural Resources Code commission %... Pruning of synapses in the category `` Other obj < > endobj Yes! Any point of the first degree if the amount of pecuniary loss is $ or! Long as there are no burning items outside the pit on race cars when was the Court... To exceed $ 500 gauge check is not required 0000003673 00000 n in the brain quizlet not required by... Set by GDPR cookie consent plugin 2 ) `` Public highway '' has meaning. A tread depth gauge calibrated in 32nds of store the user consent for the cookies in brain. Although the outdoor burning Rule ( Appendix C ) does allow certain exceptions Section 49.031, Penal Code more. 1, 1995 ; Acts 1993, 73rd Leg., ch it illegal burn. Was burning the tires { LZ~jzCBWWFpm * E ( AiCA [ { E-P8DfP `` _QIiXhXhXhXhXhX pfqbbkH, or Other of! Acceptable fire rings as long as there are no burning items outside the pit % PDF-1.4 % 828! Under this Section is a Class a misdemeanor and more SUBCHAPTER ; DEFENSES ; PRESUMPTIONS yard waste or... N Added by Acts 1991, 72nd Leg., ch 919 0 obj < > endobj 00000...