Title NR, Natural Resources Code

Sec. 153.041. ESTABLISHMENT. (a) The Prescribed Burning Board is established within the department 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 appointe…

Sec. 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 respo…

Sec. 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)…

Sec. 153.044. SUNSET PROVISION. The Prescribed Burning Board is subject to Chapter 325, Government Code (Texas Sunset Act). The board shall be reviewed during the period in which the Department of Agriculture is reviewed. Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept…

Sec. 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) in…

Sec. 153.046. DUTIES. The board by rule shall establish: (1) standards for prescribed burning; (2) a comprehensive training curriculum for certified and insured prescribed burn managers; (3) standards for certification, recertification, and training for certified and insured pres…

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 condit…

Sec. 153.048. CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS. (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager must require the completion of the approved training curriculum to be developed and promulgated by the…

Sec. 153.049. CRIMINAL HISTORY EVALUATION. The board shall perform the duties of a licensing authority under Chapter 53, Occupations Code, for each certification issued by the board under this chapter or other law, including issuing guidelines under Section 53.025, Occupations Co…

Sec. 153.081. LIMITATION OF OWNER LIABILITY. (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…

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 burn is conducted under the supervision of a certified and insured prescribed burn manager who has liabi…

Sec. 153.083. LIABILITY REGARDING CERTAIN PRESCRIBED BURNS. (a) In this section, "burn boss" means an individual responsible for directing a prescribed burn under a written prescription plan described by Section 153.047. (b) Except as provided by Subsection (c), if a prescribed b…

Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In this section, "burn boss" has the meaning assigned by Section 153.083. (b) Except as provided by Subsection (c), a burn boss is not liable for property damage, personal injury, or death caused by or resulting from the burn i…

Sec. 153.101. COMPLAINTS. The department shall receive and process complaints concerning certified and insured prescribed burn managers in the manner described by Sections 12.026 and 12.02601, Agriculture Code, and rules adopted under those sections. Added by Acts 2009, 81st Leg.…

Sec. 153.102. DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS. (a) The department may impose an administrative sanction, including an administrative penalty, as provided by Sections 12.020, 12.0201, 12.0202, and 12.0261, Agriculture Code, for a violation of this chapter. (b) The board…

Sec. 153.1025. CERTAIN DISCIPLINARY ACTION PROHIBITED. Notwithstanding Section 153.102 or any other law, the department or another state agency may not take disciplinary action against a certified and insured prescribed burn manager in relation to a prescribed burn conducted in a…

Sec. 153.103. INJUNCTION. (a) The department may apply to a district court in any county for an injunction to restrain a person who is not a certified and insured prescribed burn manager from representing that the person is a certified and insured prescribed burn manager. (b) At …

Sec. 153.104. EMERGENCY SUSPENSION. (a) On determining that a certification holder is engaged in or about to engage in a violation of this chapter and that the certification holder's continued practice constitutes an immediate threat to the public welfare, the department may issu…