2005 Texas Natural Resources Code CHAPTER 153. PRESCRIBED BURNING

NATURAL RESOURCES CODE

CHAPTER 153. PRESCRIBED BURNING

SUBCHAPTER A. GENERAL PROVISIONS


	§ 153.001. DEFINITION.  In this chapter, "board" means 
the Prescribed Burning Board.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.002. LANDOWNER'S RIGHT TO CONDUCT BURNS NOT 
LIMITED.  This chapter does not limit a landowner's right to 
conduct burns on the landowner's property.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.003. LIABILITY.  This chapter does not modify a 
landowner's liability for property damage, personal injury, or 
death resulting from a burn that is not conducted as provided by 
this chapter.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          

SUBCHAPTER B. PRESCRIBED BURNING BOARD


	§ 153.041. ESTABLISHMENT.  (a) The Prescribed Burning 
Board is established within the Department of Agriculture and is 
composed of:
		(1)  an employee of the Texas Forest Service designated 
by the director of the Texas Forest Service;
		(2)  an employee of the Parks and Wildlife Department 
appointed by the executive director of the Parks and Wildlife 
Department;
		(3)  an employee of the Texas Natural Resource 
Conservation Commission appointed by the executive director of the 
Texas Natural Resource Conservation Commission;
		(4)  an employee of the Texas Agricultural Extension 
Service appointed by the executive director of the Texas 
Agricultural Extension Service;
		(5)  an employee of the Texas Agricultural Experiment 
Station appointed by the director of the Texas Agricultural 
Experiment Station;
		(6)  an employee of the Texas Tech University Range and 
Wildlife Department appointed by the dean of the Texas Tech 
University College of Agricultural Sciences and Natural Resources;
		(7)  an employee of the Department of Agriculture 
appointed by the commissioner of agriculture;
		(8)  an employee of the State Soil and Water 
Conservation Board appointed by the executive director of the State 
Soil and Water Conservation Board;  and
		(9)  five persons who are:                                                    
			(A)  owners of agricultural land, as that term is 
defined by Section 153.081;
			(B)  self-employed or employed by a person other 
than a governmental entity;  and
			(C)  appointed by the commissioner of 
agriculture.                         
	(b)  A member serves for a two-year term.                                      
	(c)  The board shall, by majority vote, elect a presiding 
officer from the members of the board.
	(d)  Appointments to the board shall be made without regard 
to the race, creed, sex, disability, age, religion, or national 
origin of the appointees.
	(e)  It is a ground for removal from the board that a member:                  
		(1)  does not have at the time of appointment the 
qualifications required by Subsection (a) for appointment to the 
board;
		(2)  does not maintain during the service on the board 
the qualifications required by Subsection (a) for appointment to 
the board;
		(3)  cannot because of illness or disability discharge 
the member's duties for a substantial part of the term for which the 
member is appointed;  or
		(4)  is absent from more than half of the regularly 
scheduled board meetings that the member is eligible to attend 
during a calendar year unless the absence is excused by majority 
vote of the board.
	(f)  The validity of an action of the board is not affected by 
the fact that it was taken when a ground for removal of a member of 
the board existed.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.042. INFORMATION RELATING TO STANDARDS OF 
CONDUCT.  The presiding officer of the board or the presiding 
officer's designee shall provide to members of the board, as often 
as necessary, information regarding their qualification for office 
under this chapter and their responsibilities under applicable laws 
relating to standards of conduct for state officers.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.043. MEMBER TRAINING.  (a) A person appointed to 
the board is not eligible for membership on the board unless the 
person completes at least one training program that complies with 
this section.
	(b)  The training program must provide information to the 
member regarding:  
		(1)  this chapter;                                                            
		(2)  the programs operated by the board;                                      
		(3)  the role and functions of the board;                                     
		(4)  the requirements of Chapters 551, 552, and 2001, 
Government Code;      
		(5)  the requirements of the conflict of interest laws 
and other laws relating to public officials;  and
		(6)  any applicable ethics policies adopted by the 
board or the Texas Ethics Commission.
	(c)  A person appointed to the board is entitled to 
reimbursement for travel expenses incurred in attending the 
training program as provided by the General Appropriations Act as 
if the person were a member of the board.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.044. SUNSET PROVISION.  The Prescribed Burning 
Board is subject to Chapter 325, Government Code (Texas Sunset 
Act).  Unless continued in existence as provided by that chapter, 
the board is abolished and this chapter expires September 1, 2011.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2003, 78th Leg., ch. 1112, § 2.04, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 1227, § 3.05, eff. Sept. 1, 
2005.


	§ 153.045. ADVISORY BOARD.  (a) The board shall establish 
an advisory board of members of the public, including individuals 
representing:
		(1)  property owners;                                                         
		(2)  agriculture, forestry, and livestock producers;                          
		(3)  conservation interests;                                                  
		(4)  environmental interests;  and                                            
		(5)  insurance interests.                                                     
	(b)  The board shall determine the number of persons and 
manner of selection of the advisory board.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.046. DUTIES.  The board shall:                                        
		(1)  establish standards for prescribed burning;                              
		(2)  develop a comprehensive training curriculum for 
prescribed burn managers;
		(3)  establish standards for certification, 
recertification, and training for prescribed burn managers;
		(4)  establish minimum education and professional 
requirements for instructors for the approved curriculum;  and
		(5)  establish minimum insurance requirements for 
certified prescribed burn managers.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 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)  require that at least one certified 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 Natural Resource Conservation Commission, 
and local fire authorities;  and
		(5)  include minimum insurance requirements for 
certified prescribed burn managers.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.048. CERTIFICATION OF PRESCRIBED BURN 
MANAGERS.  (a) Minimum standards established by the board for 
certification as a prescribed burn manager must require the 
completion of the approved training curriculum to be developed and 
promulgated by the board and taught by an approved instructor.
	(b)  The board shall certify a person as a prescribed burn 
manager if the person:
		(1)  applies to the board for certification;                                  
		(2)  demonstrates completion of an approved training 
program by an approved instructor;  and
		(3)  pays a fee to the board in an amount determined by 
the board.          
	(c)  The certification is for five years.                                      
	(d)  A person may renew certification only by completing a 
continuing education program established by the board.
	(e)  The board shall maintain a register of certified 
prescribed burn managers and dates of completion of initial and 
continuing training.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          

SUBCHAPTER C. LIMITATIONS ON LIABILITY


	§ 153.081. LIMITATION OF OWNER LIABILITY.  (a) Subject to 
Section 153.082, an owner, lessee, or occupant of agricultural land 
is not liable for property damage or for injury or death to persons 
caused by or resulting from prescribed burning conducted on the 
land owned by, leased by, or occupied by the person if the 
prescribed burning is conducted under the supervision of a 
certified prescribed burn manager.
	(b)  This section does not apply to an owner, lessee, or 
occupant of agricultural land who is a certified prescribed burn 
manager and conducts a burn on that land.
	(c)  In this section, "agricultural land" means land that is 
located in this state and that is suitable for:
		(1)  use and production of plants and fruits for human 
or animal consumption or plants grown for the production of fibers, 
floriculture, viticulture, horticulture, or planting seed;
		(2)  forestry and the growing of trees for the purpose 
of rendering those trees into lumber, fiber, or other items used for 
industrial, commercial, or personal consumption;
		(3)  domestic or native farm or ranch animals kept for 
use or profit;  or   
		(4)  management of native or exotic wildlife.                                 

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.          


	§ 153.082. INSURANCE.  The limitation on liability under 
Section 153.081 does not apply to an owner, lessee, or occupant of 
agricultural land unless the certified prescribed burn manager 
conducting a burn on the land has liability insurance coverage:
		(1)  of at least $1 million for each single occurrence 
of bodily injury or death, or injury to or destruction of property;  
and
		(2)  with a policy period minimum aggregate limit of at 
least $2 million.   

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 829, § 1, eff. Sept. 1, 
2001.