Bill Text: TX HB4395 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to prescribed burning.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-07 - Referred to Water & Rural Affairs [HB4395 Detail]
Download: Texas-2019-HB4395-Engrossed.html
86R26998 BEF-F | ||
By: Murr | H.B. No. 4395 |
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relating to prescribed burning. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 352.081(f), Local Government Code, is | ||
amended to read as follows: | ||
(f) This section does not apply to outdoor burning | ||
activities: | ||
(1) related to public health and safety that are | ||
authorized by the Texas Commission on Environmental Quality for: | ||
(A) firefighter training; | ||
(B) public utility, natural gas pipeline, or | ||
mining operations; or | ||
(C) planting or harvesting of agriculture crops; | ||
or | ||
(2) that are conducted by a certified and insured | ||
prescribed burn manager certified under Section 153.048, Natural | ||
Resources Code, and meet the standards of Section 153.047, Natural | ||
Resources Code [ |
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SECTION 2. Section 153.004, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR | ||
DISASTER. A certified and insured prescribed burn manager [ |
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a county in which a state of emergency or state of disaster has been | ||
declared by the governor or the president of the United States, | ||
unless the declaration expressly prohibits all outdoor burning. | ||
SECTION 3. Section 153.046, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 153.046. DUTIES. The board shall: | ||
(1) establish standards for prescribed burning; | ||
(2) develop a comprehensive training curriculum for | ||
certified and insured prescribed burn managers; | ||
(3) establish standards for certification, | ||
recertification, and training for certified and insured prescribed | ||
burn managers; | ||
(4) establish minimum education and professional | ||
requirements for instructors for the approved curriculum; and | ||
(5) establish insurance requirements for certified | ||
and insured prescribed burn managers in amounts not less than those | ||
required by Section 153.082 [ |
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SECTION 4. 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) require that [ |
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prescribed burn manager is present on site during the conduct of the | ||
prescribed burn [ |
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(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 [ |
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SECTION 5. Section 153.081(a), Natural Resources Code, is | ||
amended to read as follows: | ||
(a) Subject to Section 153.082, an owner, lessee, or | ||
occupant of agricultural or conservation 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 [ |
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prescribed burn manager [ |
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SECTION 6. Section 153.082, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 153.082. INSURANCE. The limitation on liability under | ||
Section 153.081 does not apply to an owner, lessee, or occupant of | ||
agricultural or conservation land unless: | ||
(1) the [ |
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certified and insured prescribed burn manager conducting a burn on | ||
the land [ |
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(A) of at least $1 million for each single | ||
occurrence of bodily injury or death, or injury to or destruction of | ||
property; and | ||
(B) with a policy period minimum aggregate limit | ||
of at least $2 million; or | ||
(2) the owner, lessee, or occupant is a governmental | ||
unit, as that term is defined by Section 2259.001, Government Code, | ||
that has a self-insurance program that provides the amount of | ||
coverage required by Subdivision (1) [ |
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SECTION 7. The following provisions of the Natural | ||
Resources Code are repealed: | ||
(1) Section 153.001(3); and | ||
(2) Section 153.049. | ||
SECTION 8. This Act takes effect September 1, 2019. |