84R544 BEF-F
By: Lozano H.B. No. 2119
A BILL TO BE ENTITLED
AN ACT
relating to charitable organizations, including charitable
organizations that may conduct prescribed burning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.003(1), Civil Practice and Remedies
Code, is amended to read as follows:
(1) "Charitable organization" means:
(A) any organization exempt from federal income
tax under Section 501(a) of the Internal Revenue Code of 1986 by
being listed as an exempt organization in Section 501(c)(3) or
501(c)(4) of the code, if it is a corporation, foundation,
community chest, church, or fund organized and operated exclusively
for charitable, religious, prevention of cruelty to children or
animals, youth sports and youth recreational, neighborhood crime
prevention or patrol, fire protection or prevention, emergency
medical or hazardous material response services, or educational
purposes, including private primary or secondary schools if
accredited by a member association of the Texas Private School
Accreditation Commission but excluding fraternities, sororities,
and secret societies, or is organized and operated exclusively for
the promotion of social welfare by being primarily engaged in
promoting the common good and general welfare of the people in a
community;
(B) any bona fide charitable, religious,
prevention of cruelty to children or animals, youth sports and
youth recreational, neighborhood crime prevention or patrol, or
educational organization, excluding fraternities, sororities, and
secret societies, or other organization organized and operated
exclusively for the promotion of social welfare by being primarily
engaged in promoting the common good and general welfare of the
people in a community, and that:
(i) is organized and operated exclusively
for one or more of the above purposes;
(ii) does not engage in activities which in
themselves are not in furtherance of the purpose or purposes;
(iii) does not directly or indirectly
participate or intervene in any political campaign on behalf of or
in opposition to any candidate for public office;
(iv) dedicates its assets to achieving the
stated purpose or purposes of the organization;
(v) does not allow any part of its net
assets on dissolution of the organization to inure to the benefit of
any group, shareholder, or individual; and
(vi) normally receives more than one-third
of its support in any year from private or public gifts, grants,
contributions, or membership fees;
(C) a homeowners association as defined by
Section 528(c) of the Internal Revenue Code of 1986 or which is
exempt from federal income tax under Section 501(a) of the Internal
Revenue Code of 1986 by being listed as an exempt organization in
Section 501(c)(4) of the code;
(D) a volunteer center, as that term is defined
by Section 411.126, Government Code; [or]
(E) a local chamber of commerce that:
(i) is exempt from federal income tax under
Section 501(a) of the Internal Revenue Code of 1986 by being listed
as an exempt organization in Section 501(c)(6) of the code;
(ii) does not directly or indirectly
participate or intervene in any political campaign on behalf of or
in opposition to any candidate for public office; and
(iii) does not directly or indirectly
contribute to a political action committee that makes expenditures
to any candidates for public office; or
(F) any organization exempt from federal income
tax under Section 501(a) of the Internal Revenue Code of 1986 by
being listed as an exempt organization in Section 501(c)(3) or
501(c)(5) of the code, if it is an organization or corporation
organized and operated exclusively for wildfire mitigation, range
management, or prescribed burning purposes.
SECTION 2. Section 352.081(f), Local Government Code, is
amended to read as follows:
(f) This section does not apply to outdoor burning
activities:
(1) related to public health and safety that are
authorized by the Texas Commission on Environmental Quality for:
(A) firefighter training;
(B) public utility, natural gas pipeline, or
mining operations; or
(C) planting or harvesting of agriculture crops;
[or]
(2) that are conducted by a certified and insured
prescribed burn manager certified under Section 153.048, Natural
Resources Code, and meet the standards of Section 153.047, Natural
Resources Code; or
(3) that are conducted by the members of a prescribed
burning organization under the conditions provided by Section
153.049, Natural Resources Code, and meet the standards of Section
153.047, Natural Resources Code.
SECTION 3. Section 153.001, Natural Resources Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Prescribed burning organization" means an
organization described by Section 153.049.
SECTION 4. Section 153.004, Natural Resources Code, is
amended to read as follows:
Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR
DISASTER. A certified and insured prescribed burn manager or the
members of a prescribed burning organization may conduct a burn in a
county in which a state of emergency or state of disaster has been
declared by the governor or the president of the United States,
unless the declaration expressly prohibits all outdoor burning.
SECTION 5. Section 153.046, Natural Resources Code, is
amended to read as follows:
Sec. 153.046. DUTIES. The board shall:
(1) establish standards for prescribed burning;
(2) develop a comprehensive training curriculum for
certified and insured prescribed burn managers;
(3) establish standards for certification,
recertification, and training for certified and insured prescribed
burn managers;
(4) establish minimum education and professional
requirements for instructors for the approved curriculum; [and]
(5) establish insurance requirements for certified
and insured prescribed burn managers in amounts not less than those
required by Section 153.082; and
(6) establish minimum insurance requirements for
prescribed burning organizations.
SECTION 6. Section 153.047, Natural Resources Code, is
amended to read as follows:
Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum
standards established by the board for prescribed burning must:
(1) ensure that prescribed burning is the controlled
application of fire to naturally occurring or naturalized
vegetative fuels under specified environmental conditions in
accordance with a written prescription plan:
(A) designed to confine the fire to a
predetermined area and to accomplish planned land management
objectives; and
(B) that conforms to the standards established
under this section;
(2) require that:
(A) at least one certified and insured prescribed
burn manager is present on site during the conduct of the prescribed
burn; or
(B) the burn be conducted by the members of a
prescribed burning organization;
(3) establish appropriate guidelines for size of
burning crews sufficient to:
(A) conduct the burn in accordance with the
prescription plan; and
(B) provide adequate protection for the safety of
persons and of adjacent property;
(4) include standards for notification to adjacent
land owners, the Texas Commission on Environmental Quality, and
local fire authorities; and
(5) include minimum insurance requirements for
certified and insured prescribed burn managers and prescribed
burning organizations.
SECTION 7. Subchapter B, Chapter 153, Natural Resources
Code, is amended by adding Section 153.049 to read as follows:
Sec. 153.049. PRESCRIBED BURNING ORGANIZATIONS. The
members of a charitable organization, as defined by Section 84.003,
Civil Practice and Remedies Code, that is organized and operated
for prescribed burning purposes may conduct a burn under this
chapter if:
(1) the member in charge of the burn has completed the
approved training curriculum described by Section 153.048(a); and
(2) the organization has insurance coverage in an
amount not less than the amount established by the board under
Section 153.046.
SECTION 8. Section 153.081(a), Natural Resources Code, is
amended to read as follows:
(a) Subject to Section 153.082, an owner, lessee, or
occupant of agricultural or conservation land is not liable for
property damage or for injury or death to persons caused by or
resulting from prescribed burning conducted on the land owned by,
leased by, or occupied by the person if the prescribed burning is
conducted:
(1) under the supervision of a certified and insured
prescribed burn manager; or
(2) by the members of a prescribed burning
organization.
SECTION 9. Section 153.082, Natural Resources Code, is
amended to read as follows:
Sec. 153.082. INSURANCE. The limitation on liability
under Section 153.081 does not apply to an owner, lessee, or
occupant of agricultural or conservation land unless:
(1) the burn is conducted under the supervision of a
certified and insured prescribed burn manager who [conducting a
burn on the land] has liability insurance coverage:
(A) of at least $1 million for each single
occurrence of bodily injury or death, or injury to or destruction of
property; and
(B) with a policy period minimum aggregate limit
of at least $2 million; [or]
(2) the owner, lessee, or occupant is a governmental
unit, as that term is defined by Section 2259.001, Government Code,
that has a self-insurance program that provides the amount of
coverage required by Subdivision (1); or
(3) the burn is conducted by the members of a
prescribed burning organization that has insurance coverage in an
amount not less than the amount established by the board under
Section 153.046.
SECTION 10. Not later than November 1, 2015, the Prescribed
Burning Board shall adopt rules to establish minimum insurance
requirements for prescribed burning organizations as provided by
Section 153.046(6), Natural Resources Code, as added by this Act.
SECTION 11. This Act takes effect September 1, 2015.