1-1 By: McReynolds (Senate Sponsor - Duncan) H.B. No. 2599 1-2 (In the Senate - Received from the House April 23, 1999; 1-3 April 26, 1999, read first time and referred to Committee on 1-4 Natural Resources; May 10, 1999, reported favorably, as amended, by 1-5 the following vote: Yeas 6, Nays 0; May 10, 1999, sent to 1-6 printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Lucio 1-8 Amend H.B. No. 2599 as follows: 1-9 (1) On page 2, between lines 17 and 18, insert: 1-10 Sec. 153.004. FAILURE TO USE MANAGER NOT ADMISSIBLE TO 1-11 ESTABLISH LIABILITY. The failure of a person to use a certified 1-12 prescribed burn manager to conduct a burn may not be introduced 1-13 into evidence in any administrative or judicial proceeding to 1-14 establish liability of the person for any property damage or for 1-15 injury or death to persons caused by or resulting from the burn. 1-16 (2) On page 2, line 18, strike "153.004" and substitute 1-17 "153.005". 1-18 COMMITTEE AMENDMENT NO. 2 By: Lucio 1-19 Amend H.B. 2599 in page 2, line 39, by striking out "Range and 1-20 Wildlife Department" and replacing with "College of Agricultural 1-21 Sciences and Natural Resources". 1-22 COMMITTEE AMENDMENT NO. 3 By: Lucio 1-23 Amend H.B. No. 2599 as follows: 1-24 (1) On page 2, line 41, strike "and". 1-25 (2) On page 2, strike line 42 and substitute the following: 1-26 Soil and Water Conservation Board; and 1-27 (9) five persons who are: 1-28 (A) owners of agricultural land, as that term is 1-29 defined by Section 153.081; 1-30 (B) self-employed or employed by a person other 1-31 than a governmental entity; and 1-32 (C) appointed by the commissioner of 1-33 agriculture. 1-34 COMMITTEE AMENDMENT NO. 4 By: Lucio 1-35 Amend H.B. 2599 as follows: 1-36 (1) On page 4, line 25, strike "An" and substitute "Subject 1-37 to Section 153.082, an". 1-38 (2) On page 4, between lines 41 and 42, insert the 1-39 following: 1-40 Sec. 153.082. INSURANCE. (a) The limitation on liability 1-41 under Section 153.081 does not apply to an owner, lessee, or 1-42 occupant of agricultural land if the certified prescribed burn 1-43 manager conducting a burn on the land does not have liability 1-44 insurance coverage in effect as required by this section. 1-45 (b) Section 153.081 applies to limit the liability of an 1-46 owner, lessee, or occupant of agricultural land to $1 million for 1-47 property damage or for injury or death to persons caused by or 1-48 resulting from each burn if the certified prescribed burn manager 1-49 has liability insurance coverage in effect for at least that 1-50 amount. 1-51 COMMITTEE AMENDMENT NO. 5 By: Lucio 1-52 Amend H.B. No. 2599, on page 4, by striking line 31 and 1-53 substituting the following: 1-54 (b) This section does not apply to an owner, lessee, or 1-55 occupant of agricultural land who is a certified prescribed burn 1-56 manager and conducts a burn on that land. 1-57 (c) In this section, "agricultural land" means land that is 2-1 A BILL TO BE ENTITLED 2-2 AN ACT 2-3 relating to prescribed burning. 2-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 2-5 SECTION 1. Title 6, Natural Resources Code, is amended by 2-6 adding Chapter 153 to read as follows: 2-7 CHAPTER 153. PRESCRIBED BURNING 2-8 SUBCHAPTER A. GENERAL PROVISIONS 2-9 Sec. 153.001. DEFINITION. In this chapter, "board" means 2-10 the Prescribed Burning Board. 2-11 Sec. 153.002. LANDOWNER'S RIGHT TO CONDUCT BURNS NOT 2-12 LIMITED. This chapter does not limit a landowner's right to 2-13 conduct burns on the landowner's property. 2-14 Sec. 153.003. LIABILITY. This chapter does not modify a 2-15 landowner's liability for property damage, personal injury, or 2-16 death resulting from a burn that is not conducted as provided by 2-17 this chapter. 2-18 (Sections 153.004-153.040 reserved for expansion) 2-19 SUBCHAPTER B. PRESCRIBED BURNING BOARD 2-20 Sec. 153.041. ESTABLISHMENT. (a) The Prescribed Burning 2-21 Board is established within the Department of Agriculture and is 2-22 composed of: 2-23 (1) an employee of the Texas Forest Service designated 2-24 by the director of the Texas Forest Service; 2-25 (2) an employee of the Parks and Wildlife Department 2-26 appointed by the executive director of the Parks and Wildlife 2-27 Department; 2-28 (3) an employee of the Texas Natural Resource 2-29 Conservation Commission appointed by the executive director of the 2-30 Texas Natural Resource Conservation Commission; 2-31 (4) an employee of the Texas Agricultural Extension 2-32 Service appointed by the executive director of the Texas 2-33 Agricultural Extension Service; 2-34 (5) an employee of the Texas Agricultural Experiment 2-35 Station appointed by the director of the Texas Agricultural 2-36 Experiment Station; 2-37 (6) an employee of the Texas Tech University Range and 2-38 Wildlife Department appointed by the dean of the Texas Tech 2-39 University Range and Wildlife Department; 2-40 (7) an employee of the Department of Agriculture 2-41 appointed by the commissioner of agriculture; and 2-42 (8) an employee of the State Soil and Water 2-43 Conservation Board appointed by the executive director of the State 2-44 Soil and Water Conservation Board. 2-45 (b) A member serves for a two-year term. 2-46 (c) The board shall, by majority vote, elect a presiding 2-47 officer from the members of the board. 2-48 (d) Appointments to the board shall be made without regard 2-49 to the race, creed, sex, disability, age, religion, or national 2-50 origin of the appointees. 2-51 (e) It is a ground for removal from the board that a member: 2-52 (1) does not have at the time of appointment the 2-53 qualifications required by Subsection (a) for appointment to the 2-54 board; 2-55 (2) does not maintain during the service on the board 2-56 the qualifications required by Subsection (a) for appointment to 2-57 the board; 2-58 (3) cannot because of illness or disability discharge 2-59 the member's duties for a substantial part of the term for which 2-60 the member is appointed; or 2-61 (4) is absent from more than half of the regularly 2-62 scheduled board meetings that the member is eligible to attend 2-63 during a calendar year unless the absence is excused by majority 2-64 vote of the board. 2-65 (f) The validity of an action of the board is not affected 2-66 by the fact that it was taken when a ground for removal of a member 2-67 of the board existed. 2-68 Sec. 153.042. INFORMATION RELATING TO STANDARDS OF CONDUCT. 3-1 The presiding officer of the board or the presiding officer's 3-2 designee shall provide to members of the board, as often as 3-3 necessary, information regarding their qualification for office 3-4 under this chapter and their responsibilities under applicable laws 3-5 relating to standards of conduct for state officers. 3-6 Sec. 153.043. MEMBER TRAINING. (a) A person appointed to 3-7 the board is not eligible for membership on the board unless the 3-8 person completes at least one training program that complies with 3-9 this section. 3-10 (b) The training program must provide information to the 3-11 member regarding: 3-12 (1) this chapter; 3-13 (2) the programs operated by the board; 3-14 (3) the role and functions of the board; 3-15 (4) the requirements of Chapters 551, 552, and 2001, 3-16 Government Code; 3-17 (5) the requirements of the conflict of interest laws 3-18 and other laws relating to public officials; and 3-19 (6) any applicable ethics policies adopted by the 3-20 board or the Texas Ethics Commission. 3-21 (c) A person appointed to the board is entitled to 3-22 reimbursement for travel expenses incurred in attending the 3-23 training program as provided by the General Appropriations Act as 3-24 if the person were a member of the board. 3-25 Sec. 153.044. SUNSET PROVISION. The Prescribed Burning 3-26 Board is subject to Chapter 325, Government Code (Texas Sunset 3-27 Act). Unless continued in existence as provided by that chapter, 3-28 the board is abolished and this chapter expires September 1, 2009. 3-29 Sec. 153.045. ADVISORY BOARD. (a) The board shall 3-30 establish an advisory board of members of the public, including 3-31 individuals representing: 3-32 (1) property owners; 3-33 (2) agriculture, forestry, and livestock producers; 3-34 (3) conservation interests; 3-35 (4) environmental interests; and 3-36 (5) insurance interests. 3-37 (b) The board shall determine the number of persons and 3-38 manner of selection of the advisory board. 3-39 Sec. 153.046. DUTIES. The board shall: 3-40 (1) establish standards for prescribed burning; 3-41 (2) develop a comprehensive training curriculum for 3-42 prescribed burn managers; 3-43 (3) establish standards for certification, 3-44 recertification, and training for prescribed burn managers; 3-45 (4) establish minimum education and professional 3-46 requirements for instructors for the approved curriculum; and 3-47 (5) establish minimum insurance requirements for 3-48 certified prescribed burn managers. 3-49 Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum 3-50 standards established by the board for prescribed burning must: 3-51 (1) ensure that prescribed burning is the controlled 3-52 application of fire to naturally occurring or naturalized 3-53 vegetative fuels under specified environmental conditions in 3-54 accordance with a written prescription plan: 3-55 (A) designed to confine the fire to a 3-56 predetermined area and to accomplish planned land management 3-57 objectives; and 3-58 (B) that conforms to the standards established 3-59 under this section; 3-60 (2) require that at least one certified prescribed 3-61 burn manager is present on site during the conduct of the 3-62 prescribed burn; 3-63 (3) establish appropriate guidelines for size of 3-64 burning crews sufficient to: 3-65 (A) conduct the burn in accordance with the 3-66 prescription plan; and 3-67 (B) provide adequate protection for the safety 3-68 of persons and of adjacent property; 3-69 (4) include standards for notification to adjacent 4-1 land owners, the Texas Natural Resource Conservation Commission, 4-2 and local fire authorities; and 4-3 (5) include minimum insurance requirements for 4-4 certified prescribed burn managers. 4-5 Sec. 153.048. CERTIFICATION OF PRESCRIBED BURN MANAGERS. 4-6 (a) Minimum standards established by the board for certification 4-7 as a prescribed burn manager must require the completion of the 4-8 approved training curriculum to be developed and promulgated by the 4-9 board and taught by an approved instructor. 4-10 (b) The board shall certify a person as a prescribed burn 4-11 manager if the person: 4-12 (1) applies to the board for certification; 4-13 (2) demonstrates completion of an approved training 4-14 program by an approved instructor; and 4-15 (3) pays a fee to the board in an amount determined by 4-16 the board. 4-17 (c) The certification is for five years. 4-18 (d) A person may renew certification only by completing a 4-19 continuing education program established by the board. 4-20 (e) The board shall maintain a register of certified 4-21 prescribed burn managers and dates of completion of initial and 4-22 continuing training. 4-23 (Sections 153.049-153.080 reserved for expansion) 4-24 SUBCHAPTER C. LIMITATIONS ON LIABILITY 4-25 Sec. 153.081. LIMITATION OF OWNER LIABILITY. (a) An owner, 4-26 lessee, or occupant of agricultural land is not liable for property 4-27 damage or for injury or death to persons caused by or resulting 4-28 from prescribed burning conducted on the land owned by, leased by, 4-29 or occupied by the person if the prescribed burning is conducted 4-30 under the supervision of a certified prescribed burn manager. 4-31 (b) In this section, "agricultural land" means land that is 4-32 located in this state and that is suitable for: 4-33 (1) use and production of plants and fruits for human 4-34 or animal consumption or plants grown for the production of fibers, 4-35 floriculture, viticulture, horticulture, or planting seed; 4-36 (2) forestry and the growing of trees for the purpose 4-37 of rendering those trees into lumber, fiber, or other items used 4-38 for industrial, commercial, or personal consumption; 4-39 (3) domestic or native farm or ranch animals kept for 4-40 use or profit; or 4-41 (4) management of native or exotic wildlife. 4-42 SECTION 2. This Act takes effect September 1, 1999, and 4-43 applies only to a cause of action that accrues on or after that 4-44 date. An action that accrued before the effective date of this Act 4-45 is governed by the law applicable to the action immediately before 4-46 the effective date of this Act, and that law is continued in effect 4-47 for that purpose. 4-48 SECTION 3. The importance of this legislation and the 4-49 crowded condition of the calendars in both houses create an 4-50 emergency and an imperative public necessity that the 4-51 constitutional rule requiring bills to be read on three several 4-52 days in each house be suspended, and this rule is hereby suspended. 4-53 * * * * *