By McReynolds                                         H.B. No. 2599
         76R8932 DAK-D                           
                                A BILL TO BE ENTITLED
 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 Range and Wildlife Department;
2-15                 (7)  an employee of the Department of Agriculture
2-16     appointed by the commissioner of agriculture; and
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.
2-20           (b)  A member serves for a two-year term.
2-21           (c)  The board shall, by majority vote, elect a presiding
2-22     officer from the members of the board.
2-23           (d)  Appointments to the board shall be made without regard
2-24     to the race, creed, sex, disability, age, religion, or national
2-25     origin of the appointees.
2-26           (e)  It is a ground for removal from the board that a member:
2-27                 (1)  does not have at the time of appointment the
 3-1     qualifications required by Subsection (a)  for appointment to the
 3-2     board;
 3-3                 (2)  does not maintain during the service on the board
 3-4     the qualifications required by Subsection (a) for appointment to
 3-5     the board;
 3-6                 (3)  cannot because of illness or disability discharge
 3-7     the member's duties for a substantial part of the term for which
 3-8     the member is appointed; or
 3-9                 (4)  is absent from more than half of the regularly
3-10     scheduled board meetings that the member is eligible to attend
3-11     during a calendar year unless the absence is excused by majority
3-12     vote of the board.
3-13           (f)  The validity of an action of the board is not affected
3-14     by the fact that it was taken when a ground for removal of a member
3-15     of the board existed.
3-16           Sec. 153.042.  INFORMATION RELATING TO STANDARDS OF CONDUCT.
3-17     The presiding officer of the board or the presiding officer's
3-18     designee shall provide to members of the board, as often as
3-19     necessary, information regarding their qualification for office
3-20     under this chapter and their responsibilities under applicable laws
3-21     relating to standards of conduct for state officers.
3-22           Sec. 153.043.  MEMBER TRAINING.  (a)  A person appointed to
3-23     the board is not eligible for membership on the board unless the
3-24     person completes at least one training program that complies with
3-25     this section.
3-26           (b)  The training program must provide information to the
3-27     member regarding:
 4-1                 (1)  this chapter;
 4-2                 (2)  the programs operated by the board;
 4-3                 (3)  the role and functions of the board;
 4-4                 (4)  the requirements of Chapters 551, 552, and 2001,
 4-5     Government Code;
 4-6                 (5)  the requirements of the conflict of interest laws
 4-7     and other laws relating to public officials; and
 4-8                 (6)  any applicable ethics policies adopted by the
 4-9     board or the Texas Ethics Commission.
4-10           (c)  A person appointed to the board is entitled to
4-11     reimbursement for travel expenses incurred in attending the
4-12     training program as provided by the General Appropriations Act as
4-13     if the person were a member of the board.
4-14           Sec. 153.044.  SUNSET PROVISION.  The Prescribed Burning
4-15     Board is subject to Chapter 325, Government Code (Texas Sunset
4-16     Act).  Unless continued in existence as provided by that chapter,
4-17     the board is abolished and this chapter expires September 1, 2009.
4-18           Sec. 153.045.  ADVISORY BOARD.  (a)  The board shall
4-19     establish an advisory board of members of the public, including
4-20     individuals representing:
4-21                 (1)  property owners;
4-22                 (2)  agriculture, forestry, and livestock producers;
4-23                 (3)  conservation interests;
4-24                 (4)  environmental interests; and
4-25                 (5)  insurance interests.
4-26           (b)  The board shall determine the number of persons and
4-27     manner of selection of the advisory board.
 5-1           Sec. 153.046.  DUTIES.  The board shall:
 5-2                 (1)  establish standards for prescribed burning;
 5-3                 (2)  develop a comprehensive training curriculum for
 5-4     prescribed burn managers;
 5-5                 (3)  establish standards for certification,
 5-6     recertification, and training for prescribed burn managers;
 5-7                 (4)  establish minimum education and professional
 5-8     requirements for instructors for the approved curriculum; and
 5-9                 (5)  establish minimum insurance requirements for
5-10     certified prescribed burn managers.
5-11           Sec. 153.047.  PRESCRIBED BURNING STANDARDS.  Minimum
5-12     standards established by the board for prescribed burning must:
5-13                 (1)  ensure that prescribed burning is the controlled
5-14     application of fire to naturally occurring or naturalized
5-15     vegetative fuels under specified environmental conditions in
5-16     accordance with a written prescription plan:
5-17                       (A)  designed to confine the fire to a
5-18     predetermined area and to accomplish planned land management
5-19     objectives; and
5-20                       (B)  that conforms to the standards established
5-21     under this section;
5-22                 (2)  require that at least one certified prescribed
5-23     burn manager is present on site during the conduct of the
5-24     prescribed burn;
5-25                 (3)  establish appropriate guidelines for size of
5-26     burning crews sufficient to:
5-27                       (A)  conduct the burn in accordance with the
 6-1     prescription plan; and
 6-2                       (B)  provide adequate protection for the safety
 6-3     of persons and of adjacent property;
 6-4                 (4)  include standards for notification to adjacent
 6-5     land owners, the Texas Natural Resource Conservation Commission,
 6-6     and local fire authorities; and
 6-7                 (5)  include minimum insurance requirements for
 6-8     certified prescribed burn managers.
 6-9           Sec. 153.048.  CERTIFICATION OF PRESCRIBED BURN MANAGERS.
6-10     (a)  Minimum standards established by the board for certification
6-11     as a prescribed burn manager must require the completion of the
6-12     approved training curriculum to be developed and promulgated by the
6-13     board and taught by an approved instructor.
6-14           (b)  The board shall certify a person as a prescribed burn
6-15     manager if the person:
6-16                 (1)  applies to the board for certification;
6-17                 (2)  demonstrates completion of an approved training
6-18     program by an approved instructor; and
6-19                 (3)  pays a fee to the board in an amount determined by
6-20     the board.
6-21           (c)  The certification is for five years.
6-22           (d)  A person may renew certification only by completing a
6-23     continuing education program established by the board.
6-24           (e)  The board shall maintain a register of certified
6-25     prescribed burn managers and dates of completion of initial and
6-26     continuing training.
6-27              (Sections 153.049-153.080 reserved for expansion)
 7-1                   SUBCHAPTER C.  LIMITATIONS ON LIABILITY
 7-2           Sec. 153.081.  LIMITATION OF OWNER LIABILITY.  (a)  An owner,
 7-3     lessee, or occupant of agricultural land is not liable for property
 7-4     damage or for injury or death to persons caused by or resulting
 7-5     from prescribed burning conducted on the land owned by, leased by,
 7-6     or occupied by the person if the prescribed burning is conducted
 7-7     under the supervision of a certified prescribed burn manager.
 7-8           (b)  In this section, "agricultural land" means land that is
 7-9     located in this state and that is suitable for:
7-10                 (1)  use and production of plants and fruits for human
7-11     or animal consumption or plants grown for the production of fibers,
7-12     floriculture, viticulture, horticulture, or planting seed;
7-13                 (2)  forestry and the growing of trees for the purpose
7-14     of rendering those trees into lumber, fiber, or other items used
7-15     for industrial, commercial, or personal consumption;
7-16                 (3)  domestic or native farm or ranch animals kept for
7-17     use or profit; or
7-18                 (4)  management of native or exotic wildlife.
7-19           SECTION 2.  This Act takes effect September 1, 1999, and
7-20     applies only to a cause of action that accrues on or after that
7-21     date.  An action that accrued before the effective date of this Act
7-22     is governed by the law applicable to the action immediately before
7-23     the effective date of this Act, and that law is continued in effect
7-24     for that purpose.
7-25           SECTION 3.  The importance of this legislation and the
7-26     crowded condition of the calendars in both houses create an
7-27     emergency and an imperative public necessity that the
 8-1     constitutional rule requiring bills to be read on three several
 8-2     days in each house be suspended, and this rule is hereby suspended.