By: Murr, Kitzman (Senate Sponsor - Zaffirini) H.B. No. 162

(In the Senate - Received from the House April 6, 2023; May 2, 2023, read first time and referred to Committee on Water, Agriculture & Rural Affairs; May 12, 2023, reported favorably by the following vote: Yeas 8, Nays 0; May 12, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to minimum standards for prescribed burns.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 153.047, Natural Resources Code, is amended to read as follows:

Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum standards established by the board for prescribed burning must:

(1) ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan:

(A) designed to confine the fire to a predetermined area and to accomplish planned land management objectives; and

(B) that conforms to the standards established under this section;

(2) if the prescription plan lists a certified and insured prescribed burn manager as the burn boss, require that the burn boss be [at least one certified and insured prescribed burn manager is] present on site during the conduct of the prescribed burn;

(3) establish appropriate guidelines for size of burning crews sufficient to:

(A) conduct the burn in accordance with the prescription plan; and

(B) provide adequate protection for the safety of persons and of adjacent property;

(4) include standards for notification to adjacent land owners, the Texas Commission on Environmental Quality, and local fire authorities; and

(5) include minimum insurance requirements for certified and insured prescribed burn managers.

SECTION 2. This Act takes effect September 1, 2023.

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