When can the commissioners court order a burn ban?

Local Government Code §352.081 authorizes two alternative methods to determine when circumstances warrant adoption of a burn ban by the commissioners court. Either:

1. the commissioners court can request the Texas A&M Forest Service determine that drought conditions exist in all or part of the county; or
2. the commissioners court can determine that circumstances present in all or part of the unincorporated areas of the county create a public safety hazard that would be exacerbated by outdoor burning.

For more information, see our publication Burn Ban, Regulation of Fireworks, and Declaration of Local Disaster.