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
,
[
(6) - (12)
(No change.)
(13)
TCE
[
(14) - (16)
(No change.)
(17)
TCEQ--Texas Commission on Environmental Quality
[
(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
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
[
§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
[
(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
[
(b) - (c)
(No change.)
(d)
The county sheriff's office,
TCEQ
[
(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
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
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).
TAEX
]--Texas Agricultural Extension
Service
TNRCC--Texas Natural Resource Conservation Commission
]
Chapter 226.
STANDARDS FOR CERTIFIED PRESCRIBED BURN MANAGERS
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).
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.
TNRCC
], state and local
requirements for open burning shall apply at all times, including local permitting
requirements for burning during a county burn ban.
TNRCC
] and TFS regional fire coordinator must be notified prior to the burn
and when the burn is complete.
Chapter 227.
CERTIFICATION, RECERTIFICATION, RENEWAL