Part 13. PRESCRIBED BURNING BOARD
Chapter 226. STANDARDS FOR CERTIFIED PRESCRIBED BURN MANAGERS
The Prescribed Burning Board (the board) proposes amendments to Chapter 226, §226.4, concerning insurance requirements for certification, and §226.6, concerning conducting a prescribed burn during a gubernatorial proclamation or presidential declaration. The amendments to §226.4 are proposed to formalize the various policies related to insurance standards that the Texas Department of Agriculture (the department), which serves as administrator of the board's prescribed burn manager certification program, already has used in considering applications for certified prescribed burn managers. Proposed amendments to §226.4 specify that required insurance cannot include specific exclusions for damage potentially caused by conducting prescribed burning activities. The proposed amendments also include a provision allowing the board to develop and approve a form to be completed by an authorized agent of insurer, certifying the coverage complies with requirements of the rule, and requiring an insurer to notify the department of any change or cancellation in insurance policy coverage. The amendments to §226.6 are proposed 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.
Jimmy Bush, Assistant Commissioner for Pesticide Programs, has determined that for the first five-year period the amended sections are in effect, there will be no fiscal implication for the state or local government as a result of enforcing or administering the amended sections. The existing board rules are not being substantively changed; therefore, there will be no additional fees or requirements different from those previously existing.
Mr. Bush also has determined that for each year of the first five years the proposed amended sections are in effect, the public benefit anticipated as a result of enforcing the amended sections will be a more formalized procedure for applicants and their insurance companies to provide information about insurance coverage. There will be no cost to micro-businesses, small businesses or individuals required to comply with the proposed amendments.
Comments on the proposal may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.
The amendments to §226.4 and §226.6 are proposed 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.
The code that will be affected by this proposal is the Natural Resources Code, Chapter 153.
§226.4.Insurance Requirements.
(a) The certified prescribed burn manager conducting a prescribed burn shall carry or be covered by:
(1) at least $1 million of liability insurance coverage for each single occurrence of bodily injury to or destruction of property[; and]
[(2)] with a policy period minimum aggregate
limit of at least $2 million; and[.]
(2) without exclusion or limitation of coverage for any damage caused by the activity of prescribed burning by the insured.
(b) The Board may accept as proof of acceptable insurance an attestation by an authorized agent of an insurer, made on a Board approved form, certifying that an applicant or certified prescribed burn manager has been issued a policy of insurance that complies with the requirements of subsection (a)(1) and (2) of this section.
(c) The insurer of a certified prescribed burn manager shall notify the Board (TDA Licensing Division) of any cancellation or changes to the policy.
§226.6.Requirements for Certified Prescribed Burn Managers Conducting Burns During a County Burn Ban.
(a) All TCEQ, state and local requirements for open
burning shall apply at all times[, including local permitting
requirements for burning during a county burn ban].
(b) No certified prescribed burn manager may conduct
a burn in a county in which [No burning shall be allowed if
] a current Governor's and/or Presidential Declaration of
Emergency or Disaster [for fire] is in effect
that expressly prohibits all outdoor burning[
in the county where the exemption is sought].
(c) - (f) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 12, 2008.
TRD-200802446
Dolores Alvarado Hibbs
General Counsel
Prescribed Burning Board
Earliest possible date of adoption: June 22, 2008
For further information, please call: (512) 463-4075