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                                  * * * * *