1-1 AN ACT 1-2 relating to prescribed burning. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 6, Natural Resources Code, is amended by 1-5 adding Chapter 153 to read as follows: 1-6 CHAPTER 153. PRESCRIBED BURNING 1-7 SUBCHAPTER A. GENERAL PROVISIONS 1-8 Sec. 153.001. DEFINITION. In this chapter, "board" means 1-9 the Prescribed Burning Board. 1-10 Sec. 153.002. LANDOWNER'S RIGHT TO CONDUCT BURNS NOT 1-11 LIMITED. This chapter does not limit a landowner's right to 1-12 conduct burns on the landowner's property. 1-13 Sec. 153.003. LIABILITY. This chapter does not modify a 1-14 landowner's liability for property damage, personal injury, or 1-15 death resulting from a burn that is not conducted as provided by 1-16 this chapter. 1-17 (Sections 153.004-153.040 reserved for expansion) 1-18 SUBCHAPTER B. PRESCRIBED BURNING BOARD 1-19 Sec. 153.041. ESTABLISHMENT. (a) The Prescribed Burning 1-20 Board is established within the Department of Agriculture and is 1-21 composed of: 1-22 (1) an employee of the Texas Forest Service designated 1-23 by the director of the Texas Forest Service; 1-24 (2) an employee of the Parks and Wildlife Department 2-1 appointed by the executive director of the Parks and Wildlife 2-2 Department; 2-3 (3) an employee of the Texas Natural Resource 2-4 Conservation Commission appointed by the executive director of the 2-5 Texas Natural Resource Conservation Commission; 2-6 (4) an employee of the Texas Agricultural Extension 2-7 Service appointed by the executive director of the Texas 2-8 Agricultural Extension Service; 2-9 (5) an employee of the Texas Agricultural Experiment 2-10 Station appointed by the director of the Texas Agricultural 2-11 Experiment Station; 2-12 (6) an employee of the Texas Tech University Range and 2-13 Wildlife Department appointed by the dean of the Texas Tech 2-14 University College of Agricultural Sciences and Natural Resources; 2-15 (7) an employee of the Department of Agriculture 2-16 appointed by the commissioner of agriculture; 2-17 (8) an employee of the State Soil and Water 2-18 Conservation Board appointed by the executive director of the State 2-19 Soil and Water Conservation Board; and 2-20 (9) five persons who are: 2-21 (A) owners of agricultural land, as that term is 2-22 defined by Section 153.081; 2-23 (B) self-employed or employed by a person other 2-24 than a governmental entity; and 2-25 (C) appointed by the commissioner of 2-26 agriculture. 2-27 (b) A member serves for a two-year term. 3-1 (c) The board shall, by majority vote, elect a presiding 3-2 officer from the members of the board. 3-3 (d) Appointments to the board shall be made without regard 3-4 to the race, creed, sex, disability, age, religion, or national 3-5 origin of the appointees. 3-6 (e) It is a ground for removal from the board that a member: 3-7 (1) does not have at the time of appointment the 3-8 qualifications required by Subsection (a) for appointment to the 3-9 board; 3-10 (2) does not maintain during the service on the board 3-11 the qualifications required by Subsection (a) for appointment to 3-12 the board; 3-13 (3) cannot because of illness or disability discharge 3-14 the member's duties for a substantial part of the term for which 3-15 the member is appointed; or 3-16 (4) is absent from more than half of the regularly 3-17 scheduled board meetings that the member is eligible to attend 3-18 during a calendar year unless the absence is excused by majority 3-19 vote of the board. 3-20 (f) The validity of an action of the board is not affected 3-21 by the fact that it was taken when a ground for removal of a member 3-22 of the board existed. 3-23 Sec. 153.042. INFORMATION RELATING TO STANDARDS OF CONDUCT. 3-24 The presiding officer of the board or the presiding officer's 3-25 designee shall provide to members of the board, as often as 3-26 necessary, information regarding their qualification for office 3-27 under this chapter and their responsibilities under applicable laws 4-1 relating to standards of conduct for state officers. 4-2 Sec. 153.043. MEMBER TRAINING. (a) A person appointed to 4-3 the board is not eligible for membership on the board unless the 4-4 person completes at least one training program that complies with 4-5 this section. 4-6 (b) The training program must provide information to the 4-7 member regarding: 4-8 (1) this chapter; 4-9 (2) the programs operated by the board; 4-10 (3) the role and functions of the board; 4-11 (4) the requirements of Chapters 551, 552, and 2001, 4-12 Government Code; 4-13 (5) the requirements of the conflict of interest laws 4-14 and other laws relating to public officials; and 4-15 (6) any applicable ethics policies adopted by the 4-16 board or the Texas Ethics Commission. 4-17 (c) A person appointed to the board is entitled to 4-18 reimbursement for travel expenses incurred in attending the 4-19 training program as provided by the General Appropriations Act as 4-20 if the person were a member of the board. 4-21 Sec. 153.044. SUNSET PROVISION. The Prescribed Burning 4-22 Board is subject to Chapter 325, Government Code (Texas Sunset 4-23 Act). Unless continued in existence as provided by that chapter, 4-24 the board is abolished and this chapter expires September 1, 2009. 4-25 Sec. 153.045. ADVISORY BOARD. (a) The board shall 4-26 establish an advisory board of members of the public, including 4-27 individuals representing: 5-1 (1) property owners; 5-2 (2) agriculture, forestry, and livestock producers; 5-3 (3) conservation interests; 5-4 (4) environmental interests; and 5-5 (5) insurance interests. 5-6 (b) The board shall determine the number of persons and 5-7 manner of selection of the advisory board. 5-8 Sec. 153.046. DUTIES. The board shall: 5-9 (1) establish standards for prescribed burning; 5-10 (2) develop a comprehensive training curriculum for 5-11 prescribed burn managers; 5-12 (3) establish standards for certification, 5-13 recertification, and training for prescribed burn managers; 5-14 (4) establish minimum education and professional 5-15 requirements for instructors for the approved curriculum; and 5-16 (5) establish minimum insurance requirements for 5-17 certified prescribed burn managers. 5-18 Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum 5-19 standards established by the board for prescribed burning must: 5-20 (1) ensure that prescribed burning is the controlled 5-21 application of fire to naturally occurring or naturalized 5-22 vegetative fuels under specified environmental conditions in 5-23 accordance with a written prescription plan: 5-24 (A) designed to confine the fire to a 5-25 predetermined area and to accomplish planned land management 5-26 objectives; and 5-27 (B) that conforms to the standards established 6-1 under this section; 6-2 (2) require that at least one certified prescribed 6-3 burn manager is present on site during the conduct of the 6-4 prescribed burn; 6-5 (3) establish appropriate guidelines for size of 6-6 burning crews sufficient to: 6-7 (A) conduct the burn in accordance with the 6-8 prescription plan; and 6-9 (B) provide adequate protection for the safety 6-10 of persons and of adjacent property; 6-11 (4) include standards for notification to adjacent 6-12 land owners, the Texas Natural Resource Conservation Commission, 6-13 and local fire authorities; and 6-14 (5) include minimum insurance requirements for 6-15 certified prescribed burn managers. 6-16 Sec. 153.048. CERTIFICATION OF PRESCRIBED BURN MANAGERS. 6-17 (a) Minimum standards established by the board for certification 6-18 as a prescribed burn manager must require the completion of the 6-19 approved training curriculum to be developed and promulgated by the 6-20 board and taught by an approved instructor. 6-21 (b) The board shall certify a person as a prescribed burn 6-22 manager if the person: 6-23 (1) applies to the board for certification; 6-24 (2) demonstrates completion of an approved training 6-25 program by an approved instructor; and 6-26 (3) pays a fee to the board in an amount determined by 6-27 the board. 7-1 (c) The certification is for five years. 7-2 (d) A person may renew certification only by completing a 7-3 continuing education program established by the board. 7-4 (e) The board shall maintain a register of certified 7-5 prescribed burn managers and dates of completion of initial and 7-6 continuing training. 7-7 (Sections 153.049-153.080 reserved for expansion) 7-8 SUBCHAPTER C. LIMITATIONS ON LIABILITY 7-9 Sec. 153.081. LIMITATION OF OWNER LIABILITY. (a) Subject 7-10 to Section 153.082, an owner, lessee, or occupant of agricultural 7-11 land is not liable for property damage or for injury or death to 7-12 persons caused by or resulting from prescribed burning conducted on 7-13 the land owned by, leased by, or occupied by the person if the 7-14 prescribed burning is conducted under the supervision of a 7-15 certified prescribed burn manager. 7-16 (b) This section does not apply to an owner, lessee, or 7-17 occupant of agricultural land who is a certified prescribed burn 7-18 manager and conducts a burn on that land. 7-19 (c) In this section, "agricultural land" means land that is 7-20 located in this state and that is suitable for: 7-21 (1) use and production of plants and fruits for human 7-22 or animal consumption or plants grown for the production of fibers, 7-23 floriculture, viticulture, horticulture, or planting seed; 7-24 (2) forestry and the growing of trees for the purpose 7-25 of rendering those trees into lumber, fiber, or other items used 7-26 for industrial, commercial, or personal consumption; 7-27 (3) domestic or native farm or ranch animals kept for 8-1 use or profit; or 8-2 (4) management of native or exotic wildlife. 8-3 Sec. 153.082. INSURANCE. The limitation on liability under 8-4 Section 153.081 does not apply to an owner, lessee, or occupant of 8-5 agricultural land unless the certified prescribed burn manager 8-6 conducting a burn on the land has liability insurance coverage of 8-7 at least $1 million for each single occurrence of bodily injury or 8-8 death, or injury to or destruction of property. 8-9 SECTION 2. This Act takes effect September 1, 1999, and 8-10 applies only to a cause of action that accrues on or after that 8-11 date. An action that accrued before the effective date of this Act 8-12 is governed by the law applicable to the action immediately before 8-13 the effective date of this Act, and that law is continued in effect 8-14 for that purpose. 8-15 SECTION 3. The importance of this legislation and the 8-16 crowded condition of the calendars in both houses create an 8-17 emergency and an imperative public necessity that the 8-18 constitutional rule requiring bills to be read on three several 8-19 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2599 was passed by the House on April 22, 1999, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 2599 on May 19, 1999, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2599 on May 28, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2599 was passed by the Senate, with amendments, on May 17, 1999, by the following vote: Yeas 30, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2599 on May 29, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor