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.