PART 13. PRESCRIBED BURNING BOARD
CHAPTER 227. CERTIFICATION, RECERTIFICATION, RENEWAL
SUBCHAPTER A. CERTIFICATION REQUIREMENTS
The Prescribed Burning Board (the Board) proposes amendments to Chapter 227, §227.4, concerning application fees and §227.7, concerning the term of certification as a certified prescribed burn manager. The proposed amendments to §227.4 and §227.7 change the term of certification from five to two years. The amendments are proposed to make the sections consistent with changes made to the Natural Resources Code, Chapter 153 by Senate Bill 1016, 81st Legislature, 2009 (SB 1016).
Jimmy Bush, assistant commissioner for pesticide programs, has determined that for the first five-year period the proposed amended sections are in effect there will be minimal increase in state revenue as a result of administering or enforcing the amended section, due to the requirement that certified burn managers be certified every two, instead of every five years. The approximate increase in state revenue, based upon the current number of certified burn managers will be $250 in fiscal year 2010 and $900 per year for fiscal year 2011 and the three years thereafter. There will be no fiscal implications to local government.
Mr. Bush has also determined that for each year of the first five years the proposed amended sections are in effect, the public benefit anticipated as a result of administering and enforcing the amended sections will be the verification of insurance, training and experience requirements of certified as prescribed burn managers on a more frequent basis, which will ensure that trained and experienced persons are conducting prescribed burning activities in Texas, and ultimately help reduce the threat of wildfires. There will be a minimal cost to micro-businesses, small businesses, or individuals required to comply with the proposed amendments due to the change of the licensing period from five years to two years. Based on the existing $50 certification fee, the per year cost of certification will increase from $10 per year to $25 per year. The existing Board rules regarding training and experience required for certification, and the minimum insurance requirements are not changed by the amendments; therefore, there will be no additional fees or requirements. The proposed amendments are required by law, and therefore, no regulatory flexibility analysis is required.
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 are proposed 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 §153.048 of the Natural Resources Code, as amended by SB 1016, which provides that a prescribed burn manager certification is for a two-year period.
The code that will be affected by this proposal is the Natural Resources Code, Chapter 153.
§227.4.Application; [,] Fees.
(a) - (b) (No change.)
(c) The fee for a new certification will be prorated
as outlined on the application form to coincide with the
two-year [5-year
] expiration date. Renewals made after the expiration
date may be subject to late fees.
(d) Certification and renewal fees are $50.00 for a
two- [5] year license, contingent upon annual
proof of insurance.
(e) - (f) (No change.)
§227.7.Term of Certification.
Certification shall be good for two [
five] years, contingent upon providing annual proof of insurance.
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 August 4, 2009.
TRD-200903345
Dolores Alvarado Hibbs
General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Earliest possible date of adoption: September 20, 2009
For further information, please call: (512) 463-4075