PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 1. GENERAL PROCEDURES
SUBCHAPTER E. ADVISORY COMMITTEES
The Texas Department of Agriculture (the department) adopts amendments to §1.203, concerning the Texas-Isreal Exchange (TIE) Advisory Committee, without changes to the proposal published in the July 3, 2009, issue of the Texas Register (34 TexReg 4436). The amendments are adopted to make the section conform to new requirements established under Senate Bill (SB) 1016, 81st Legislative Session, 2009, that changed the existing TIE Board to an Advisory Committee and changed other requirements, and to add a reporting provision, as required by Texas Government Code, Chapter 2110. The amendments change the name of the entity from a board to committee, change the duration of the committee, and amend the duties of the committee to conform to changes made by SB 1016. A reporting requirement is also added to provide how the committee will report its activities to the department and the Commissioner.
No comments were received on the proposal.
The amendments are adopted under the Texas Agriculture Code (the Code), §45.004, which provides the department with the authority to adopt rules for administration of its duties under Chapter 45, relating to the Texas-Israel Exchange Research Program, as amended by SB 1016; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect; and Texas Government Code, §2110, which provides that a state agency that establishes an advisory committee shall by rule state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.
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 August 10, 2009.
TRD-200903448
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
SUBCHAPTER E. ADVISORY COMMITTEES
The Texas Department of Agriculture (the department) adopts the repeal of §1.207 and amendments to §1.209, concerning the Wine Marketing Assistance Program Advisory Committee and the Wine Industry Development and Marketing Advisory Committee, without changes to the proposal published in the July 3, 2009, issue of the Texas Register (34 TexReg 4437). The repeal and amendments are adopted to conform the sections with changes made by Senate Bill 1016 (SB1016), 81st Legislature, 2009, which eliminates the existing Wine Marketing Assistance Program Advisory Committee and the existing Wine Industry Development Advisory Committee and creates a new Wine Industry Development and Marketing Advisory Committee. The repeal of §1.207 eliminates the Wine Marketing Assistance Program Advisory Committee. The amendments to §1.209 provide the name, composition, and terms of members of the new Wine Industry Development and Marketing Advisory Committee.
No comments were received on the proposal.
The repeal of §1.207 is adopted under the Texas Government Code, §2110.005, which requires that an agency that establishes an advisory committee adopt rules to state the purpose and tasks of the committee and manner in which the committee shall report to the agency; §2110.008, which authorizes an agency establishing an advisory committee to designate the duration of a committee; the Texas Agriculture Code (the Code), §50B.002, as amended by SB 1016, which authorizes the Commissioner of Agriculture to appoint a Wine Industry Development and Marketing Advisory Committee; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903449
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
The amendments to §1.209 are adopted under the Texas Government Code, §2110.005, which requires that an agency that establishes an advisory committee adopt rules to state the purpose and tasks of the committee and manner in which the committee shall report to the agency; §2110.008, which authorizes an agency establishing an advisory committee to designate the duration of a committee; the Texas Agriculture Code (the code), §50B.002, as amended by SB 1016, which authorizes the Commissioner of Agriculture to appoint a Wine Industry Development and Marketing Advisory Committee; and and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903450
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts the repeal of Title 4, Part 1, Chapter 4, Cooperative Marketing Associations §§4.1 - 4.4, concerning Cooperative Marketing Association license regulations, without changes to the proposal published in the June 26, 2009, issue of the Texas Register (34 TexReg 4240). The repeal is adopted to eliminate unnecessary sections in this chapter to conform to new requirements established under Senate Bill (SB) 1016, 81st Legislative Session, 2009, that removed the responsibilities for the licensing of Cooperative Marketing Association by the department. The repeal eliminates rules related to the department's issuance of a license to cooperative marketing associations.
A comment in favor of the repeal was submitted by the Texas Agricultural Cooperative Council, stating that the repeal will eliminate duplication of reporting paperwork by other state agencies and a needless annual licensing fee.
The repeal is adopted under the Texas Agriculture Code (the Code), §12.016, which provides the department with the authority to adopt rules for administration of its duties under the Code; §52.151, as amended by SB 1016, 81st Texas Legislature, 2009, to eliminate the requirement that a marketing association pay to the department an annual licensing fee established by the department by rule; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 6, 2009.
TRD-200903364
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to Chapter 12, Subchapter A, §12.1, and Subchapter H, §12.72 and §12.73, concerning regulation of public weighers, without changes to the proposal published in the July 10, 2009, issue of the Texas Register (34 TexReg 4601). The amendments are adopted to make revisions to the public weigher regulations to conform to requirements established by the enactment of Senate Bill (SB) 1016, 81st Legislative Session, 2009, which requires licensing of businesses, rather than the individuals employed by the business; and eliminates the distinction between state and county public weighers. Changes are made throughout the sections for purposes of clarification and to make the sections consistent with SB 1016. In addition, the department believes that the result of the adopted amendments will be a more streamlined licensing process and efficient use of agency resources.
The amendments to §12.1 remove definitions for "County Public Weigher," "Deputy Public Weigher," and "State Public Weigher." A new definition for a "Public Weigher" is added. Section 12.72 is amended to eliminate the distinction between county and state public weighers and to also change the bond amount required for a license. Section 12.73 is amended to establish a registration fee for a public weigher.
No comments were received on the proposal.
SUBCHAPTER A. GENERAL PROVISIONS
The amendments to §12.1 are adopted under the Texas Agriculture Code, §13.258, which provides the department with the authority to adopt rules related to the regulation and enforcement of public weighers and §13.255, as amended by SB 1016, which provides the department with the authority to establish fees for a public weigher certificate of authority; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903451
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 10, 2009
For further information, please call: (512) 463-4075
The amendments to §12.72 and §12.73 are adopted under the Texas Agriculture Code, §13.258, which provides the department with the authority to adopt rules related to the regulation and enforcement of public weighers and §13.255, as amended by SB 1016, which provides the department with the authority to establish fees for a public weigher certificate of authority; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903452
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 10, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to §§14.1 - 14.4, 14.10, 14.13, 14.14, and 14.21, concerning to the Perishable Commodities Handling and Marketing Program, with a change to the proposal published in the July 3, 2009, issue of the Texas Register (34 TexReg 4440). The amendments to §§14.1, 14.2 and 14.4 are made to clarify the definition of "citrus fruit", to clarify requirements for showing a proof of ownership, and to formalize current practice in initiating proceedings to cancel a license for failure to reimburse the Produce Recovery Fund (Fund). The amendments to §§14.3, 14.10, 14.13, 14.14, and 14.21 are adopted due to the passage of Senate Bill 1016 (SB 1016) during the 81st Legislative Session, which amended Texas Agriculture Code, Chapters 101 and 103, the statutory authority for the Handling and Marketing of Perishable Commodities program, to eliminate the cash dealer license category, authorize the filing of claims against persons who are required to be licensed, increase the time for filing of claims to two years after the date of the violation, and change the amounts which may be paid from the fund and method of reimbursement to the Fund. The amendments will also result in the efficient use of department resources and perishable commodity regulations that provide greater protection and assistance to producers that do not receive payment for produce sold to a licensee or persons required to be licensed. Section 14.14(a)(2) is adopted with a change to correct a grammatical error. Sections 14.1 - 14.4, 14.10, 14.13, and 14.21 are adopted without changes and will not be republished.
The amendments to §14.1 eliminate the definition for cash dealer and clarify the definition for citrus by specifying associated genera and including lemons, limes, and tangerines. The amendments to §14.2 eliminate the requirements for citrus proof of ownership for a producer and their employees when citrus fruit is being hauled from the farm or grove to market or the place of first processing. The amendments to §14.3, delete a fee for a cash dealer license since a cash dealer license will no longer be required. The amendments to §14.4 specify the timing in which the department may initiate proceedings to cancel a license for a person who fails to reimburse and or fails to agree in writing to reimburse the Produce Recovery Fund. The amendments to §14.10 amend eligibility requirements for filing a claim against the Produce Recovery Fund by allowing claims to be filed against a person required to be licensed (in addition to those who are licensed) and establishing a two year period of eligibility, from the date a payment was due, for filing a claim. The amendments to §14.13 establish the amount of a claim eligible for payment from the fund. The eligible amount for claims are adopted for violations occurring prior to September 1, 2009 as well as those claims filed for violations on or after September 1, 2009. The amendments to §14.14 update the requirements for reimbursement to the Produce Recovery Fund by a licensee or a person required to be licensed. The amendments to §14.21 clarify that the department may collect fees from a person required to be licensed.
No comments were received on the proposal.
SUBCHAPTER A. GENERAL PROVISIONS
The amendments to §§4.1, 14.2, and 14.4 are adopted under the Texas Agriculture Code (the Code), §12.016, which provides the department with the authority to adopt rules to administer its duties under the Code; the Code, §101.006, which provides that the department shall charge a registration fee for a cash dealer as provided by department rule, as repealed by SB 1016, the Code, §103.012, which provides the department with the authority to adopt rules related to payment of claims from the Produce Recovery Fund; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 7, 2009.
TRD-200903419
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
The amendments to §§14.10, 14.13, and 14.14 are adopted under the Texas Agriculture Code (the Code), §12.016, which provides the department with the authority to adopt rules to administer its duties under the Code; the Code, §103.012, which provides the department with the authority to adopt rules related to payment of claims from the Produce Recovery Fund; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
§14.14.Reimbursement to the Fund.
(a) If the department pays a claim against a licensee, or a person required to be licensed, from the Fund:
(1) Upon issuance of a final determination from the department or the Board, the licensee shall reimburse the total amount paid by the Fund or agree in writing to reimburse the Fund the total amount paid by the Fund. If a person is not licensed on the date the transaction forming the basis of the claim occurred but is required to be licensed, the person shall pay the fund one and one-half times the amount of the claim paid by the Fund, upon issuance of a final determination from the department or the Board. Payment to the Fund is due in full within 30 days of the date of the final agency determination. If the licensee, or a person required to be licensed, cannot pay the full amount to the Fund at that time, the department may allow the licensee, or a person required to be licensed, to pay the amount owed to the Fund on an amortization schedule set out in paragraph (3) of this subsection plus an annual interest rate of 8.0%.
(2) After fully reimbursing the Fund for payments made to the claimant, the licensee, or a person required to be licensed, shall immediately pay or agree to pay the claimant any remaining amount due that party (balance not received from the Fund). If the licensee, or a person required to be licensed, cannot pay the full amount to the claimant at that time, the department may allow the licensee, or a person required to be licensed, to pay the amount owed to the claimant on an amortization schedule as set out in paragraph (3) of this subsection plus an annual interest rate of 8.0%, after the Fund is fully reimbursed.
(3) Amortization Schedule for Reimbursement to the Produce Recovery Fund and Claimant. Claims of:
(A) $1.00-$5,000--Shall be paid in no more than three monthly installments.
(B) $5,001-$10,000--Shall be paid in no more than six monthly installments.
(C) $10,001-$20,000--Shall be paid in no more than 12 monthly installments.
(D) $20,001-Over--Shall be paid in no more than 24 monthly installments.
(b) Monthly installments to the Fund are due on the last working day of the month and payable to TDA, P.O. Box 12847, Austin, Texas 78711. The department may make exceptions on payment schedules for good cause shown.
(c) If a licensee, or a person required to be licensed, owes money to the Fund at the time the licensee, or a person required to be licensed, makes a claim against the Fund, the department shall offset the amount owed to the Fund from the amount determined to be payable from the Fund.
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 August 7, 2009.
TRD-200903420
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
The amendment to §14.21 is adopted under the Texas Agriculture Code (the Code), §12.016, which provides the department with the authority to adopt rules to administer its duties under the Code; the Code, §103.012, which provides the department with the authority to adopt rules related to payment of claims from the Produce Recovery Fund; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 7, 2009.
TRD-200903421
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
CHAPTER 16. AQUACULTURE
The Texas Department of Agriculture (the department) adopts the repeal of §16.4, concerning the Texas shrimp marketing assistance program surcharge, without changes to the proposal published in the July 3, 2009, issue of the Texas Register (34 TexReg 4442). The repeal is adopted to implement changes made to Texas Agriculture Code, Chapter 47, by House Bill 4593, 81st Legislative Session, 2009 (HB 4593), which eliminated the shrimp marketing assistance program surcharge for shrimp raised in aquaculture facilities, and provides that the shrimp marketing assistance program apply only to wild-caught shrimp commercially harvested from coastal waters by a shrimp boat licensed by the Texas Parks and Wildlife Department. The repeal eliminates the rule which establishes the shrimp surcharge.
No comments were received on the proposal.
The repeal is adopted under Texas Agriculture Code, §134.014, as amended by House Bill 4593, which eliminates the shrimp marketing surcharge fee and the authority for the department to set such a fee by rule; and §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903453
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
SUBCHAPTER E. TEXAS-ISRAEL EXCHANGE RESEARCH PROGRAM
4 TAC §§17.100, 17.102, 17.104
The Texas Department of Agriculture (the department) adopts amendments to §§17.100, 17.102 and 17.104, concerning the Texas-Israel Exchange (TIE) Research Program, without changes to the proposal published in the July 3, 2009, issue of the Texas Register (34 TexReg 4443). The amendments are adopted to make these sections conform to new requirements established under Senate Bill 1016 (SB 1016), 81st Legislative Session, 2009, that changed the existing TIE Board to an Advisory Committee.
No comments were received on the proposal.
The amendments are adopted under the Texas Agriculture Code (the Code), §45.004, which provides the department with the authority to adopt rules for administration of its duties under Chapter 45, as amended by SB 1016; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903454
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to §17.200 and §17.201, concerning the Texas Wine Marketing Assistance Program, without changes to the proposal published in the July 3, 2009, issue of the Texas Register (34 TexReg 4444). The amendments are adopted to modify §17.200 and §17.201 to conform with changes made by Senate Bill 1016 (SB 1016), 81st Legislature, 2009, which eliminates the existing Wine Marketing Assistance Program Advisory Committee and the existing Wine Industry Development Advisory Committee and creates a new Wine Industry Development and Marketing Advisory Committee. The amendment to §17.200 changes the name and description of the committee. The amendment to §17.201 updates the committee responsibilities.
No comments were received on the proposal.
The amendments to §17.200 and §17.201 are adopted under the Texas Agriculture Code (the Code), §12.016, which provides the department with the authority to adopt rules to administer its powers and duties under the Code; the Code, §50B.002, which authorizes the Commissioner of Agriculture to appoint a Wine Industry Development and Marketing Advisory Committee; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903457
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to §17.400 and §17.401, concerning the shrimp marketing assistance program and advisory committee, without changes to the proposal published in the July 3, 2009, issue of the Texas Register (34 TexReg 4445). The amendments are adopted to implement changes made to Texas Agriculture Code, Chapter 47 by House Bill 4593, 81st Legislative Session, 2009 (HB 4593, which eliminated the shrimp marketing assistance program surcharge for shrimp raised in aquaculture facilities, and provides that the shrimp marketing assistance program apply only to wild-caught shrimp commercially harvested from coastal waters by a shrimp boat licensed by the Texas Parks and Wildlife Department. The amendments to §17.400 eliminate the definition of "Aquaculture" and modify the definition of "Texas-produced shrimp" to make it consistent with the definition in HB 4593. The amendments to §17.401 add "wild-caught shrimp" throughout the section and eliminate the member of the Texas shrimp aquaculture industry from the advisory committee.
No comments were received on the proposal.
The amendments are adopted under the Texas Agriculture Code (the Code), §47.052, which provides the department with the authority to adopt rules for administration of the shrimp marketing program; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 10, 2009.
TRD-200903458
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: July 3, 2009
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to §23.1 and §23.2, concerning rose grading, without changes to the proposal published in the June 26, 2009, issue of the Texas Register (34 TexReg 4241). The amendments are adopted due to the passage of Senate Bill 1016 (SB 1016) during the 81st Legislative Session, 2009. The issuance of a certificate of authority to rose graders by the department was eliminated under SB 1016. Under the adopted rule, the need for defining the certificate of authority under §23.1(2) is no longer required. For the same reason, obtaining a certificate of authority under §23.2(a), and the need for an application form to apply for or renew a certificate of authority under §23.2(b) are no longer necessary. The sections are amended accordingly.
No comments were received on the proposal.
The amendments are adopted under the Texas Agriculture Code, §121.007, which authorizes the department to adopt rules as necessary concerning rose grading, as amended by SB 1016; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.
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 August 6, 2009.
TRD-200903365
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: September 1, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 463-4075
CHAPTER 227. CERTIFICATION, RECERTIFICATION, RENEWAL
SUBCHAPTER A. CERTIFICATION REQUIREMENTS
The Prescribed Burning Board (the Board) adopts amendments to Chapter 227, §227.6, concerning categories for certification as a certified prescribed burn manager, with changes to the proposal published in the May 1, 2009, issue of the Texas Register (34 TexReg 2649). The amendments are adopted to make the section consistent with categories for certification approved by the Board and already being implemented by the Texas Department of Agriculture (department), as administrator of the prescribed burning certification program. The amendments also modify existing language in §227.6(b) regarding the regional certification of certified prescribed burn managers, also to be consistent with Board action. The amendments to §227.6 add existing categories of certification for a commercial and private certified prescribed burn manager, and provide eligibility requirements for each category. The amendment to subsection (b) clarifies the language and clarifies that certified prescribed burn managers are certified on an eco-region basis. Section 227.6(a) is adopted with a change made by the Board to clarify that a certified commercial prescribed burn manager may burn on any property, including that of his or her employer, as long as the burn manager is certified to burn in the eco-region in which the employer's property is located and has insurance to cover that property. This change makes the description of the commercial certified burn manager consistent with the terms of the existing commercial certification, as was intended by the Board. Section 227.6(a) is adopted by the Board with a change, made at the request of department staff, to provide that an employee qualifying under the private certified burn manager category may use the insurance policy of his or her employer as long as the policy specifically covers employees of the policy holder. This change is made to make this section consistent with current agency practice and experience in working with insurance policies and agents.
No public comments were received on the proposal.
The amendments are adopted under the Natural Resources Code, §153.046, which provides the Board with the authority to establish standards for prescribed burning, and standards for certification, recertification, and training for prescribed burn managers; and §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.
§227.6.Categories of Certification.
(a) Prescribed burn managers may be certified in one of the following two categories:
(1) Commercial Certified Prescribed Burn Manager. A commercial certified prescribed burn manager may conduct prescribed burns for hire on any property allowed by his or her certification, including that of his or her employer, and covered by the required insurance policy as set forth in subparagraph (B) of this paragraph. To obtain certification, an applicant must:
(A) meet training and experience requirements as required by Title 4 TAC, Part 13, Chapter 228 of the Prescribed Burning Board's rules.
(B) carry or be covered by a general liability insurance policy in the amount of $1 million per occurrence, and $2 million aggregate, that:
(i) insures the applicant for damages to persons or property occurring as a result of prescribed burning activities conducted under Natural Resources Code, Chapter 153, and the rules adopted thereunder; and
(ii) covers the commercial certified prescribed burn manager's activities at any location within a designated burn eco-region in the state of Texas where the commercial certified prescribed burn manager is authorized to burn; and
(C) meet all qualifications required under Natural Resources Code, Chapter 153 and the rules adopted thereunder, including continuing education and insurance verification requirements.
(2) Private Certified Prescribed Burn Manager. A private certified prescribed burn manager conducts prescribed burns on property owned by, leased by, or occupied by the private certified prescribed burn manager or that person's employer. An employee qualifies as a private certified prescribed burn manager only if he or she is employed to perform other duties related to the operation and provides labor for the prescribed burning activities, but does not provide the necessary equipment. To obtain certification, an applicant must:
(A) meet training and experience requirements as required by Title 4 TAC, Part 13, Chapter 228, of the Prescribed Burning Board's rules;
(B) carry or be covered by a general liability insurance policy, in the amount of $1 million per occurrence, and $2 million aggregate, that:
(i) insures the private certified prescribed burn manager for damages to any persons or any property occurring as a result of prescribed burning activities conducted under Natural Resources Code, Chapter 153, and the rules adopted thereunder; and
(ii) covers the private certified prescribed burn manager's activities on property owned by, leased by, or occupied by the private certified prescribed burn manager, or property owned by, leased by, or occupied by his or her employer. An employee qualifying under this category may use the insurance policy of his or her employer as long as the policy specifically covers employees of the policy holder; and
(C) meet all qualifications required under Natural Resources Code, Chapter 153 and the rules adopted thereunder, including continuing education and insurance verification requirements.
(b) A certified prescribed burn manager shall be certified to conduct burn activities based on the ecoregion of Texas in which the certified prescribed burn manager has been trained to conduct prescribed burns.
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 August 4, 2009.
TRD-200903346
Dolores Alvarado Hibbs
General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Effective date: August 24, 2009
Proposal publication date: May 1, 2009
For further information, please call: (512) 463-4075