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