Texas open Burning Rules and Regulations General Rules. The TCEQ set forth the following general rules on authorized burns. According to the commission, buring must abide by the following time and weather conditions: 1. Burning may not be started earlier than an hour after sunrise; it also must be concluded on the same day by an hour before sunset at the latest. A responsible party must monitor the burning at all times it is actively burning. Once the fire is residual or smoldering, the smoke must be extinguished if it potentially could be a nuisance or create a traffic hazard. The extent of the burn area may not increase after the active burn phase. 2. Burning may not be started if wind is supposed to be less than 6 mph or more than 23 mph while the burn is being conducted. 3. Burning is prohibited during “periods of actual or predicted persistent low-level atmospheric temperature inversions” Burning of waste may be conducted at private residence housing (not more than three families) if the local government entity does not provide or authorize collection of domestic waste by the local government and waste only comes from that specific property. Domesticwaste includes: “Wastes normally resulting from the function of life within a residence,” including kitchengarbage, untreated lumber, cardboard boxes, packaging, clothing, grass, leaves, and branch trimmings Prohibited Items.Certain items may not be burned: “electrical insulation,treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials,potentially explosive materials, chemical wastes, anditems containing natural or synthetic rubber” County Burn Bans.In times of drought, local commissioners may banoutdoor burning altogether. Tex. Local Gov’t Code allows a county commission court toprohibit burning if the Texas Forest Service hasdetermined that a drought exists, or if the commissioncourt finds that outdoor burning would exacerbatea public safety hazard due to drought conditions. Ifsuch a ban is imposed, it may not last for more than90 days. The banexpires when drought conditions no longer exist orthe commissioners determine conditions no longercause outdoor burning to exacerbate a public safetyhazard. A personwho knowingly or intentionally violates a prohibitionestablished by this section, is committing an offensethat is a Class C misdemeanor