PART 13. PRESCRIBED BURNING BOARD
CHAPTER 226. STANDARDS FOR CERTIFIED PRESCRIBED BURN MANAGERS
The Prescribed Burning Board (the board) adopts amendments to Chapter 226, §226.6, concerning conducting a prescribed burn during a gubernatorial proclamation or presidential declaration, without changes to the proposal published in the May 23, 2008, issue of the Texas Register (33 TexReg 4070). The amendments to §226.6 are adopted to clarify the responsibilities of a certified prescribed burn manager during county burn bans and upon the issuance of a declaration of emergency or disaster and make the rule consistent with current practice. The board has elected to withdraw the proposed amendments to §226.4, relating to Insurance Requirements. The publication of that withdrawal appears in this issue of the Texas Register.
One comment was received in favor of the proposed amendments to §226.6 from the Gillespie Prescribed Burn Association and Edwards Plateau Prescribed Burn Association. The comment stated that §226.6(b), as written, does not allow capable certified prescribed burn managers to burn on days when conditions are ideal to conduct burns.
The amendments to §226.6 are adopted under §153.041 of the Natural Resources Code, which authorizes the board to be established within the department and to administer the prescribed burn manager certification program; §153.047, which authorizes the board to adopt standards for prescribed burning.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 29, 2008.
TRD-200803951
Dolores Alvarado Hibbs
General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Effective date: August 18, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 463-4075