I have a case where a person set fire to a haystack outside of the city limits. To get an arson charge, does anyone know if there is law on point about whether a haystack in an open field is "any vegetation" under 28.02(a)(1)?

The burning of hay was not arson at the common law. Many arson statutes over time have specifically mentioned haystacks. Many courts have treated hay as being a form of vegetation in other contexts. The term as used in 28.02(a)(1) has not been construed by a Texas appellate court to my knowledge. Whether the statute was specifically designed to replace the old wilfull burning statute (art. 1318 of the 1925 code) is, I think, a good question. To be safe, be sure to allege criminal mischief as an alternative.

I had an arson case involing 2 juvis setting fire to 40 round bales. I called the Ag Department at A&M and eventually found their "grass and hay expert" and he was willing to come in and testify that hay was vegetation. I'll see if I can find his name for you or if you're in a hurry just call TAMU, they were VERY helpful, even for a t-sip.

Thank you both very much. Any possible trial is a ways off. If I need an expert, I'll look to the Aggies.