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A BILL TO BE ENTITLED
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AN ACT
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relating to charitable organizations, including charitable |
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organizations that may conduct prescribed burning. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 2. Section 352.081(f), Local Government Code, is |
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amended to read as follows: |
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(f) This section does not apply to outdoor burning |
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activities: |
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(1) related to public health and safety that are |
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authorized by the Texas Commission on Environmental Quality for: |
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(A) firefighter training; |
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(B) public utility, natural gas pipeline, or |
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mining operations; or |
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(C) planting or harvesting of agriculture crops; |
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[or] |
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(2) that are conducted by a certified and insured |
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prescribed burn manager certified under Section 153.048, Natural |
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Resources Code, and meet the standards of Section 153.047, Natural |
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Resources Code; or
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(3)
that are conducted by the members of a prescribed
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burning organization under the conditions provided by Section
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153.049, Natural Resources Code, and meet the standards of Section
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153.047, Natural Resources Code.
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SECTION 3. Section 153.001, Natural Resources Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3)
"Prescribed burning organization" means an
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organization described by Section 153.049.
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SECTION 4. Section 153.004, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR |
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DISASTER. A certified and insured prescribed burn manager or the
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members of a prescribed burning organization may conduct a burn in a |
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county in which a state of emergency or state of disaster has been |
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declared by the governor or the president of the United States, |
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unless the declaration expressly prohibits all outdoor burning. |
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SECTION 5. Section 153.046, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.046. DUTIES. The board shall: |
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(1) establish standards for prescribed burning; |
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(2) develop a comprehensive training curriculum for |
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certified and insured prescribed burn managers; |
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(3) establish standards |
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for certification, |
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recertification, and training for certified and insured prescribed |
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burn managers; |
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(4) establish minimum education and professional |
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requirements for instructors for the approved curriculum; [and] |
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(5) establish insurance requirements for certified |
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and insured prescribed burn managers in amounts not less than those |
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required by Section 153.082; and
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(6)
establish minimum insurance requirements for
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prescribed burning organizations.
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SECTION 6. Section 153.047, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum |
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standards established by the board for prescribed burning must: |
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(1) ensure that prescribed burning is the controlled |
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application of fire to naturally occurring or naturalized |
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vegetative fuels under specified environmental conditions in |
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accordance with a written prescription plan: |
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(A) designed to confine the fire to a |
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predetermined area and to accomplish planned land management |
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objectives; and |
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(B) that conforms to the standards established |
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under this section; |
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(2) require that:
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(A) at least one certified and insured prescribed |
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burn manager is present on site during the conduct of the prescribed |
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burn; or
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(B)
the burn be conducted by the members of a
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prescribed burning organization;
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(3) establish appropriate guidelines for size of |
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burning crews sufficient to: |
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(A) conduct the burn in accordance with the |
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prescription plan; and |
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(B) provide adequate protection for the safety of |
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persons and of adjacent property; |
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(4) include standards for notification to adjacent |
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land owners, the Texas Commission on Environmental Quality, and |
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local fire authorities; and |
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(5) include minimum insurance requirements for |
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certified and insured prescribed burn managers and prescribed
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burning organizations.
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SECTION 7. Subchapter B, Chapter 153, Natural Resources |
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Code, is amended by adding Section 153.049 to read as follows: |
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Sec.
153.049.
PRESCRIBED BURNING ORGANIZATIONS. The
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members of a charitable organization, as defined by Section 84.003,
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Civil Practice and Remedies Code, that is organized and operated
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for prescribed burning purposes may conduct a burn under this
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chapter if:
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(1)
the member in charge of the burn has completed the
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approved training curriculum described by Section 153.048(a); and
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(2)
the organization has insurance coverage in an
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amount not less than the amount established by the board under
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Section 153.046.
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SECTION 8. Section 153.081(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) Subject to Section 153.082, an owner, lessee, or |
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occupant of agricultural or conservation land is not liable for |
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property damage or for injury or death to persons caused by or |
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resulting from prescribed burning conducted on the land owned by, |
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leased by, or occupied by the person if the prescribed burning is |
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conducted: |
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(1) under the supervision of a certified and insured |
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prescribed burn manager; or
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(2)
by the members of a prescribed burning
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organization.
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SECTION 9. Section 153.082, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.082. INSURANCE. The limitation on liability under |
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Section 153.081 does not apply to an owner, lessee, or occupant of |
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agricultural or conservation land unless: |
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(1) the burn is conducted under the supervision of a |
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certified and insured prescribed burn manager who has liability |
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insurance coverage: |
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(A) of at least $1 million for each single |
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occurrence of bodily injury or death, or injury to or destruction of |
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property; and |
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(B) with a policy period minimum aggregate limit |
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of at least $2 million; [or] |
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(2) the owner, lessee, or occupant is a governmental |
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unit, as that term is defined by Section 2259.001, Government Code, |
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that has a self-insurance program that provides the amount of |
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coverage required by Subdivision (1); or
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(3)
the burn is conducted by the members of a
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prescribed burning organization that has insurance coverage in an
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amount not less than the amount established by the board under
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Section 153.046.
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SECTION 11. This Act takes effect September 1, 2019. |