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