Subchapter P. DIAPREPES ROOT WEEVIL QUARANTINE

The Prescribed Burning Board (the Board), a board established within the Texas Department of Agriculture, proposes new Chapter 227, §§227.1-227.8 and §§227.10-227.16, concerning certification, recertification and renewal of a prescribed burn manager's certification. The Texas Natural Resources Code, Chapter 153, establishes the Board and provides the Board with the authority to establish a certification program for prescribed burn managers, including standards, training, educational and professional requirements for instructors, and minimum insurance requirements. The new sections are proposed to implement Chapter 153. New §227.1 establishes training requirements. New §227.2 sets forth minimum level of experience required for certification. New §227.3 provides that there shall be no grandfathering for purposes of certification of prescribed burn managers. New §227.4 provides an application process and sets a fee for certification. New §227.5 provides for proof of insurance by applicants. New §227.6 provides categories of certification. New §227.7 provides the term of certification. New §227.8 provides for reciprocity of certification by another state or federal agency. New §227.10 provides that certified burn managers must meet recertification requirements. New §227.11 provides for approved continuing education activities. New §227.12 provides procedures and requirements for approval of continuing education activities and assignment of credits. New §227.13 provides eligibility requirements for continuing education units. New §227.14 provides for suspension or denial of approval of continuing education activities. New §227.15 sets forth responsibilities of continuing education sponsors. New §227.16 sets forth responsibilities of certified prescribed burn managers in regards to recertification.

Donnie Dippel, Assistant Commissioner for Pesticide Programs, has determined that for the first five-year period the new sections are in effect, there will be fiscal implications for state government as a result of enforcing or administering the section. There will be an increase in revenue due to the collection of a $50 fee for certification of prescribed burn managers. The certification is valid for a five- year period. It is estimated that the total number of certifications issued in the first five-year period will be 200 for a total increase of $10,000 for the five-year period. There will be no fiscal implication for local government as a result of enforcing or administering the section.

Mr. Dippel also has determined that for each of the first five years the new sections are in effect the public benefit anticipated as a result of enforcing the new section will be clear procedures to be used in implementation of the prescribed burn manager certification program. In addition, the new sections establish clear standards and requirements for certified burn managers which will result in the assurance that prescribed burns will be conducted in an efficient and safe manner. The anticipated costs to persons wishing to be certified as a prescribed burn manager, or to microbusinesses or small or large businesses that wish to pay for an employee to be certified as a prescribed burn manager, will be the payment of a $50 certification fee and payment of fees to obtain 15 credits of continuing education units over the five-year period in which the certification is valid. The estimated cost of one continuing education unit will vary from no cost to up to $115, not including cost of travel to attend a course. The cost of the unit will depend on who is teaching the course, whether it be a public or private for-profit company, and the subject matter.

Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Deputy General Counsel, 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 .

Subchapter A. CERTIFICATION REQUIREMENTS