Outdoor burning in Texas is illegal unless the following requirements are followed when burning:

• 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
• The following prohibited materials cannot be burned:
  • Asphaltic materials
  • Chemical wastes
  • Electrical insulation
  • Items containing natural or synthetic rubber
  • Non-wood construction / demolition materials
  • Petroleum products
  • Plastics
  • Potentially explosive materials
  • Treated lumber
• 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

Penalties
Effective September 1, 2009, the penalties in accordance with section 7.177 of the water code are:

• 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. An individual adjudged guilty of a Class A misdemeanor shall be punished by a fine not to exceed $4,000; confinement in jail for a term not to exceed one year; or both such fine and confinement
• Class B misdemeanor. 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
• Class C misdemeanor. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500. Additionally, any damage resulting from a burn may result in civil penalties as well as criminal charges under Texas Penal Codes:
  • Sec. 28.04. Reckless damage or destruction. Class C misdemeanor
  • Sec. 28.03. Criminal mischief. Class C misdemeanor up to a felony of the first degree if the amount of pecuniary loss is $200,000 or more
  • Sec. 28.02. Arson. State jail felony up to first degree felony

Safe Burn Tips
Recommendations for conducting a safe controlled burn include the following:

• Ample water supply to control or extinguish the fire or heavy equipment that may be used to control or extinguish the fire
• Clear of any overhead obstructions or trees
• Control burns should have 50-foot area mowed around it
• Do not use gasoline to start the fire
• Fire Marshal deputies offer inspection of burn sites if requested
• Fire must not be left unattended and person conducting the burn must have a reliable means of contacting 911
• Humidity level at 25% or greater
• Minimum of 300 feet from any structure containing sensitive receptors (residence, business, barn, or greenhouse)
• Potential runoff may not flow into any public waterway
• Wind speed between 6 to 12 miles per hour