| 1 | 1 | | By: Hegar S.B. No. 702 |
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| 2 | 2 | | (Lozano) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certified and insured prescribed burn managers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 153.046, Natural Resources Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 153.046. DUTIES. The board shall: |
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| 12 | 12 | | (1) establish standards for prescribed burning; |
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| 13 | 13 | | (2) develop a comprehensive training curriculum for |
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| 14 | 14 | | certified and insured prescribed burn managers; |
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| 15 | 15 | | (3) establish standards for certification, |
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| 16 | 16 | | recertification, and training for certified and insured prescribed |
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| 17 | 17 | | burn managers; |
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| 18 | 18 | | (4) establish minimum education and professional |
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| 19 | 19 | | requirements for instructors for the approved curriculum; and |
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| 20 | 20 | | (5) establish [minimum] insurance requirements for |
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| 21 | 21 | | certified and insured prescribed burn managers in amounts not less |
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| 22 | 22 | | than those required by Section 153.082. |
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| 23 | 23 | | SECTION 2. The heading to Section 153.048, Natural |
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| 24 | 24 | | Resources Code, is amended to read as follows: |
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| 25 | 25 | | Sec. 153.048. CERTIFIED AND INSURED [CERTIFICATION OF] |
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| 26 | 26 | | PRESCRIBED BURN MANAGERS. |
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| 27 | 27 | | SECTION 3. Subsections (a) and (b), Section 153.048, |
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| 28 | 28 | | Natural Resources Code, are amended to read as follows: |
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| 29 | 29 | | (a) Minimum standards established by the board for |
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| 30 | 30 | | certification as a certified and insured prescribed burn manager |
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| 31 | 31 | | must require the completion of the approved training curriculum to |
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| 32 | 32 | | be developed and promulgated by the board and taught by an approved |
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| 33 | 33 | | instructor. |
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| 34 | 34 | | (b) The board shall certify a person as a certified and |
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| 35 | 35 | | insured prescribed burn manager if the person: |
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| 36 | 36 | | (1) applies to the board for certification; |
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| 37 | 37 | | (2) demonstrates completion of an approved training |
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| 38 | 38 | | program by an approved instructor; [and] |
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| 39 | 39 | | (3) pays a fee to the board in an amount determined by |
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| 40 | 40 | | the board; and |
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| 41 | 41 | | (4) meets the insurance requirements established by |
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| 42 | 42 | | the board under Section 153.046. |
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| 43 | 43 | | SECTION 4. Subsection (f), Section 352.081, Local |
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| 44 | 44 | | Government Code, is amended to read as follows: |
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| 45 | 45 | | (f) This section does not apply to outdoor burning |
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| 46 | 46 | | activities: |
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| 47 | 47 | | (1) related to public health and safety that are |
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| 48 | 48 | | authorized by the Texas [Natural Resource Conservation] Commission |
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| 49 | 49 | | on Environmental Quality for: |
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| 50 | 50 | | (A) firefighter training; |
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| 51 | 51 | | (B) public utility, natural gas pipeline, or |
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| 52 | 52 | | mining operations; or |
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| 53 | 53 | | (C) planting or harvesting of agriculture crops; |
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| 54 | 54 | | or |
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| 55 | 55 | | (2) that are conducted by a certified and insured |
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| 56 | 56 | | prescribed burn manager certified under Section 153.048, Natural |
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| 57 | 57 | | Resources Code, and meet the standards of Section 153.047, Natural |
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| 58 | 58 | | Resources Code. |
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| 59 | 59 | | SECTION 5. Not later than November 1, 2013, the Prescribed |
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| 60 | 60 | | Burning Board shall establish insurance requirements under Section |
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| 61 | 61 | | 153.046, Natural Resources Code, as amended by this Act. |
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| 62 | 62 | | SECTION 6. This Act takes effect September 1, 2013. |
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