03/26/2026
📢 ATTENTION NEIGHBORS: THE "3-FELONY-A-DAY" TRAP 📢
Did you know you can catch a felony charge in Texas before you even finish your morning coffee? If you’re planning to burn brush or trash this week in Henderson or Kaufman County, you are walking through a legal minefield.
The burn bans are off, but the Texas Water Code and the Clean Air Act are always ON. Here is how they "get" you:
🚫 The "Prohibited" Trap (State Jail Felony)
You think you're just burning a pile of scrap. But if there is ONE piece of treated lumber, ONE old tire, or some electrical wiring in that pile, you’ve just committed a violation of the Texas Water Code.
The Law: Texas Water Code § 7.182 & 7.183.
The Risk: "Reckless emission of an air contaminant." If it endangers someone, it’s a State Jail Felony or higher. Fines can reach $250,000.
💨 The "Clock & Wind" Trap
Texas state law (TCEQ RG-49) has strict rules on when and how you burn. If you miss these, you’re operating an "illegal outdoor burn."
The Sunrise Rule: You cannot start before 1 hour after sunrise.
The Sunset Rule: The fire must be OUT 1 hour before sunset.
The Wind Rule: If the wind is under 6 mph or over 23 mph, you are in violation.
📍 The County Line Confusion
KAUFMAN CO: You MUST register and "activate" your burn daily at kaufmancountypermits.com. If you don't, you're burning illegally.
HENDERSON CO: They "strongly request" you call dispatch at 903-677-6311. If they send a truck out for a "smoke report" because you didn't call, they won't be in a friendly mood when they arrive.
💡 KNOW YOUR RIGHTS & THE RULES
NO plastics, tires, treated wood, or furniture.
STAY with the fire until it is dead out.
KEEP it 300 feet away from your neighbor's house.
Don't let a pile of leaves turn into a trip to the county jail. Share this to keep our community out of the "trap."
This post was created with the help of Gemini, Google's AI. While reviewing the draft that was created I noticed it said that wind under 6 mph could also get you in trouble so I asked for an explanation and this is what was explained, "The reason for the 6 mph minimum is smoke dispersal. When winds are too calm (under 6 mph), smoke doesn't move away or dilute quickly. Instead, it lingers near the ground, creating "stagnant" conditions that can:
Cause health hazards for neighbors.
Create traffic "blackouts" on nearby roads.
Violate air quality standards because the pollutants aren't being carried upward and away by a steady breeze." This is just a friendly reminder as we move into spring to be careful when burning and know what your county requires before you light those leaves or limbs on fire. Always do your own research because AI and I can get things wrong. I am not telling you not to burn, I am just helping to start fires of Freedom and to do it safely.