SRC-JJJ H.B. 2599 76(R) BILL ANALYSIS Senate Research Center H.B. 2599 76R8932 DAK-DBy: McReynolds (Duncan) Natural Resources 5/5/1999 Engrossed DIGEST Currently, a landowner in Texas has the right to use prescribed burning as a land management tool. this practice is used as a means to reduce vegetative fuels, which, if not managed, can cause flareups that can lead to wildfires. Landowners may be hesitant to use this method for fear of liability for accidents. Wildfires pose a serious threat to the state, particularly to suburban areas. H.B. 2599 would establish conditions regarding prescribed burning. PURPOSE As proposed, H.B. 2599 establishes conditions regarding prescribed burning. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 9, Natural Resources Code, by adding Chapter 153, as follows: CHAPTER 153. PRESCRIBED BURNING SUBCHAPTER A. GENERAL PROVISIONS Sec. 152.001. DEFINITION. Defines "board." Sec. 153.002. LANDOWNER'S RIGHT TO CONDUCT BURNS NOT LIMITED. Provides that this chapter does not limit a landowner's right to conduct burns on the landowner's property. Sec. 153.003. LIABILITY. Provides that this chapter does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this chapter. SUBCHAPTER B. PRESCRIBED BURNING BOARD Sec. 153.041. ESTABLISHMENT. Provides that the Prescribed Burning Board (board) is established within the Department of Agriculture (department) and is composed of certain individuals. Provides that a member serves for a two-year term. Requires the board, by majority vote, to elect a presiding officer from the members of the board. Requires appointments to the board to be made without regard to the race, creed, sex, disability, age, religion, or national origin of the appointees. Sets forth grounds for removal from the board. Provides that the validity of an action of the board is not affected by the fact that it was taken when a ground for removal of a member of the board existed. Sec. 153.042. INFORMATION RELATING TO STANDARDS OF CONDUCT. Requires the presiding officer of the board or the presiding officer's designee to provide to members of the board information regarding their qualifications for office and responsibilities relating to standards of conduct for state officers. Sec. 153.043. MEMBER TRAINING. Provides that a person appointed to the board is not eligible for membership unless the person completes at least one training program. Sets forth requirements for the information provided by the training program. Entitles a person appointed to the board to reimbursement for travel expenses incurred in attending the training program. Sec. 153.044. SUNSET PROVISION. Provides that the board is subject to Chapter 325, Government Code. Establishes that unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2009. Sec. 153.045. ADVISORY BOARD. Requires the board to establish an advisory board of members of the public, including individuals representing certain entities. Requires the board to determine the number of persons and manner of selection of the advisory board. Sec. 153.046. DUTIES. Sets forth the duties of the board. Sec. 153.047. PRESCRIBED BURNING STANDARDS. Sets forth requirements regarding the minimum standards established by the board for prescribed burning. Sec. 153.048. CERTIFICATION OF PRESCRIBED BURN MANAGERS. Requires the minimum standards established by the board for certification as a prescribed burn manager to require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor. Requires the board to certify a person as a prescribed burn manager if the person fulfills certain conditions. Provides that the certificate is for five years. Authorizes a person to renew certification only by completing a continuing education program established by the board. Requires the board to maintain a register of certified prescribed burn managers and dates of completion of initial and continuing training. SUBCHAPTER C. LIMITATIONS ON LIABILITY Sec. 153.081. LIMITATION OF OWNER LIABILITY. Provides that an owner, lessee, or occupant of agricultural land is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified prescribed burn manager. Defines "agricultural land." SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.