TITLE 4.AGRICULTURE

Part 13. PRESCRIBED BURNING BOARD

Chapter 225. GENERAL PROVISIONS

4 TAC §225.1

The Prescribed Burning Board (the Board) proposes amendments to Title 4, Part 13, Chapter 225, §225.1, concerning general provisions for prescribed burning. The amendments are proposed to clarify that a Certified Prescribed Burn Manager must have the required liability insurance coverage, and to update the name of the state's natural resource agency and the Texas Agricultural Extension Service.

Jimmy Bush, Acting Assistant Commissioner for Pesticide Programs, has determined that for the five-year period the amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section, as proposed.

Mr. Bush also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amended section will be that the public and affected persons will have clearer, updated information on the program. There will be no effect on micro-businesses, small or large businesses. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed.

Comments on the proposal may be submitted to Jimmy Bush, Acting Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register . In addition, the Board will take public comment on the proposal at its next scheduled meeting.

The amendments to §225.1 are proposed under the Texas Natural Resources Code, §153.046, which provides the Board with the authority to establish standards for prescribed burning and for certification and recertification of burn managers, and establish minimum insurance requirements for certified burn managers.

The Natural Resources Code, Chapter 153, is affected by the proposal.

§225.1.Definitions.

The following words and terms, when used in this chapter, Chapter 226 (relating to Standards for Certified Prescribed Burn Managers), Chapter 227 (relating to Certification, Recertification, and Renewal), Chapter 228 (relating to Continuing Education for Recertification/Renewal of Certification) and Chapter 229 (relating to Educational and Professional Requirements for Lead Instructors) of this title, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (4) (No change.)

(5) Certified Prescribed Burn Manager--A person with ultimate authority , [ and ] responsibility , and liability insurance coverage as required by §226.4 of this title (relating to Insurance Requirements) [ in conducting a prescribed burn ], who has obtained certification under Chapter 227 of this title (relating to Certification, Recertification, and Renewal).

(6) - (12) (No change.)

(13) TCE [ TAEX ]--Texas Agricultural Extension Service

(14) - (16) (No change.)

(17) TCEQ--Texas Commission on Environmental Quality [ TNRCC--Texas Natural Resource Conservation Commission ]

(18) - (21) (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 June 27, 2005.

TRD-200502634

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Prescribed Burning Board

Earliest possible date of adoption: August 7, 2005

For further information, please call: (512) 463-4075


Chapter 226. STANDARDS FOR CERTIFIED PRESCRIBED BURN MANAGERS

4 TAC §§226.1 - 226.4, 226.6

The Prescribed Burning Board (the Board) proposes amendments to Title 4, Part 13, Chapter 226, §§226.1 - 226.4 and §226.6, concerning standards for certified prescribed burn managers. The amendments are proposed to clarify that a certified prescribe burn manager must carry or be covered by the required liability insurance coverage, and to update the name of the state's natural resource agency.

Jimmy Bush, Acting Assistant Commissioner for Pesticide Programs, has determined that for the five-year period the amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections, as proposed.

Mr. Bush also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amended sections will be that the public and affected persons will have clearer, updated information on the program. There will be no effect on micro-businesses, small or large businesses. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed.

Comments on the proposal may be submitted to Jimmy Bush, Acting Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register . In addition, the Board will take public comment on the proposal at its next scheduled meeting.

The amendments to §§226.1 - 226.4 and §226.6 are proposed under the Texas Natural Resources Code, §153.046, which provides the Board with the authority to establish standards for prescribed burning and for certification and recertification of burn managers, and establish minimum insurance requirements for certified burn managers.

The Natural Resources Code, Chapter 153, is affected by the proposal.

§226.1.Minimum Requirements.

(a) - (b) (No change.)

(c) The TCEQ [ TNRCC ] regulates outdoor burning in Texas. TCEQ [ TNRCC ] requirements may be found at Texas Administrative Code, Title 30, Chapter 111, Subchapter B (relating to Outdoor Burning).

§226.2.Personnel Requirements.

(a) In all cases covered by these rules, the presence of a certified prescribed burn manager with insurance coverage as required by §226.4 of this title (relating to Insurance Requirements), is required and enough people must be present to meet the personnel requirements of the written prescribed burn plan and provide adequate protection for the safety of persons and adjacent property.

(b) (No change.)

§226.3.Notification Requirements.

(a) A certified prescribed burn manager shall provide proof of current insurance coverage as required by §226.4 of this title (relating to Insurance Requirements) that is applicable to the prescribed burn, and current certification to the landowner or landowner's agent prior to conducting prescribed burn activities and have documentation on site during a prescribed burn.

(b) The TCEQ [ TNRCC ] regulates outdoor burning in Texas. TCEQ [ TNRCC ] notification requirements are found at Title 30, Chapter 111, Subchapter B, of this Code (relating to Outdoor Burning). There may be additional notification requirements for prescribed burns which may vary by county, and may include local ordinances.

(c) - (d) (No change.)

§226.4.Insurance Requirements.

The certified prescribed burn manager conducting a prescribed burn shall carry or be covered by :

(1) - (2) (No change.)

§226.6.Requirements for Certified Prescribed Burn Managers Conducting Burns During a County Burn Ban.

(a) All TCEQ [ TNRCC ], state and local requirements for open burning shall apply at all times, including local permitting requirements for burning during a county burn ban.

(b) - (c) (No change.)

(d) The county sheriff's office, TCEQ [ TNRCC ] and TFS regional fire coordinator must be notified prior to the burn and when the burn is complete.

(e) - (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 June 27, 2005.

TRD-200502635

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Prescribed Burning Board

Earliest possible date of adoption: August 7, 2005

For further information, please call: (512) 463-4075


Chapter 227. CERTIFICATION, RECERTIFICATION, RENEWAL

The Prescribed Burning Board (the Board) proposes amendments to Title 4, Part 13, Chapter 227, §227.5 and §227.12, concerning certification and recertification of prescribed burn managers. The amendments are proposed to clarify proof of insurance requirements and to update the name of the state's natural resource agency and the Texas Agricultural Extension Service.

Jimmy Bush, acting assistant commissioner for pesticide programs, has determined that for the five-year period the amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections, as proposed.

Mr. Bush also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the sections will be that the public and affected persons will have clearer, updated information on the program. There will be no effect on micro-businesses, small or large businesses. There is no anticipated economic cost to persons who are required to comply with the sections, as proposed.

Comments on the proposal may be submitted to Jimmy Bush, Acting Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register . In addition, the Board will take public comment on the proposal at its next scheduled meeting.

Subchapter A. CERTIFICATION REQUIREMENTS

4 TAC §227.5

The amendment to §227.5 is proposed under the Texas Natural Resources Code, §153.046, which provides the Board with the authority to establish standards for prescribed burning and for certification and recertification of burn managers, and establish minimum insurance requirements for certified burn managers.

The Natural Resources Code, Chapter 153, is affected by the proposal.

§227.5.Proof of Insurance.

Documentation as required by Sec. 226.4 of this title (relating to Insurance Requirements) shall be provided to the Board annually to show proof of insurance on or before June 1st. Failure to provide timely proof of insurance shall render certification invalid. Documentation for any limiting scope of the applicable insurance must be provided. Any limitation on coverage shall be disclosed. The following is considered valid documentation:

(1) Certificate of insurance from insurance company; or

(2) any other documentation approved by the Board.

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 June 27, 2005.

TRD-200502636

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Prescribed Burning Board

Earliest possible date of adoption: August 7, 2005

For further information, please call: (512) 463-4075


Subchapter B. CONTINUING EDUCATION FOR RECERTIFICATION/RENEWAL OF CERTIFICATION

4 TAC §227.12

The amendment to §227.12 is proposed under the Texas Natural Resources Code, §153.046, which provides the Board with the authority to establish standards for prescribed burning and for certification and recertification of burn managers, and establish minimum insurance requirements for certified burn managers.

The Natural Resources Code, Chapter 153, is affected by the proposal.

§227.12.Board Approval, Assignment of Credits.

(a) - (c) (No change.)

(d) Prior approval shall not be required for prescribed burn manager recertification courses of up to three CEUs conducted by NRCS, TAES, TCE [ TAEX ], TAMU, TDA, TFS, TCEQ [ TNRCC ], TPWD, or TTU personnel, provided that all other requirements for course content and records are met. The Board may enter into a memorandum of agreement with NRCS, TAES, TCE [ TAEX ], TAMU, TDA, TFS, TCEQ [ TNRCC ], TPWD, TTU or others as approved by the Board, regarding the specific requirements for prescribed burn manager recertification.

(e) (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 June 27, 2005.

TRD-200502637

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Prescribed Burning Board

Earliest possible date of adoption: August 7, 2005

For further information, please call: (512) 463-4075