Texas Local Government Code 352.082 – Outdoor Burning of Household Refuse in Certain Residential Areas
Current as of: 2024 | Check for updates
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(a) This section applies only to the unincorporated area of a county:
(1) that is adjacent to a county with a population of 3.3 million or more; and
(2) in which a planned community is located that has 20,000 or more acres of land, that was originally established under the Urban Growth and New Community Development Act of 1970 (42 U.S.C. § 4501 et seq.), and that is subject to restrictive covenants containing ad valorem or annual variable budget based assessments on real property.
(b) In this section, “neighborhood” and “refuse” have the meanings assigned by § 343.002, Health and Safety Code.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Local Government Code 352.082
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) A person commits an offense if the person intentionally or knowingly burns household refuse outdoors on a lot that is:
(1) located in a neighborhood; or
(2) smaller than five acres.
(d) An offense under this section is a Class C misdemeanor. On conviction of an offense under this section, the court shall require the defendant, in addition to any fine, to perform community service as provided by Article 42A.304(e), Code of Criminal Procedure.