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. The amendments are proposed to more formally put into place the various policies related to insurance standards that 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 related to mere negligence, errors and omissions, smoke damage, pollution or any other damage potentially caused by conducting prescribed burning activities. The proposed amendments also include a provision for the department to develop and provide a form approved by the Board 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.
Jimmy Bush, Assistant Commissioner for Pesticide Programs, has determined that for the first five-year period the proposed amended section is in effect there will be no fiscal implications for state or local government as a result of administering or enforcing the amended section. The existing Prescribed Burning Board rules are not being substantively changed, therefore there will be no additional fees or requirements different from those previously existing.
Mr. Bush has also determined that for each year of the first five years the proposed amended section is in effect, the public benefit anticipated as a result of administering and enforcing the amended section 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 may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide Programs, 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 are proposed under the Texas Agriculture Code, §12.016, which authorizes the department to adopt rules to administer its duties under the Texas Agriculture Code; and §153.041 of the Natural Resources Code, which authorizes the Prescribed Burning Board to be established within the department and to administer the prescribed burn manager certification program.
The codes that will be affected by this proposal is the Texas Agriculture Code, Chapter 12 and 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) the coverage shall include no exclusion for mere negligence, errors or omissions, or smoke damage or other pollution or any other damage related to Prescribed Burning activities.
(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.
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 January 16, 2008.
TRD-200800193
Dolores Alvarado Hibbs
General Counsel
Prescribed Burning Board
Earliest possible date of adoption: March 2, 2008
For further information, please call: (512) 463-4075