| 1 | 1 | | H.B. No. 162 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to minimum standards for prescribed burns. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 153.047, Natural Resources Code, is |
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| 8 | 8 | | amended to read as follows: |
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| 9 | 9 | | Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum |
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| 10 | 10 | | standards established by the board for prescribed burning must: |
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| 11 | 11 | | (1) ensure that prescribed burning is the controlled |
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| 12 | 12 | | application of fire to naturally occurring or naturalized |
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| 13 | 13 | | vegetative fuels under specified environmental conditions in |
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| 14 | 14 | | accordance with a written prescription plan: |
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| 15 | 15 | | (A) designed to confine the fire to a |
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| 16 | 16 | | predetermined area and to accomplish planned land management |
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| 17 | 17 | | objectives; and |
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| 18 | 18 | | (B) that conforms to the standards established |
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| 19 | 19 | | under this section; |
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| 20 | 20 | | (2) if the prescription plan lists a certified and |
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| 21 | 21 | | insured prescribed burn manager as the burn boss, require that the |
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| 22 | 22 | | burn boss be [at least one certified and insured prescribed burn |
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| 23 | 23 | | manager is] present on site during the conduct of the prescribed |
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| 24 | 24 | | burn; |
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| 25 | 25 | | (3) establish appropriate guidelines for size of |
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| 26 | 26 | | burning crews sufficient to: |
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| 27 | 27 | | (A) conduct the burn in accordance with the |
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| 28 | 28 | | prescription plan; and |
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| 29 | 29 | | (B) provide adequate protection for the safety of |
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| 30 | 30 | | persons and of adjacent property; |
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| 31 | 31 | | (4) include standards for notification to adjacent |
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| 32 | 32 | | land owners, the Texas Commission on Environmental Quality, and |
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| 33 | 33 | | local fire authorities; and |
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| 34 | 34 | | (5) include minimum insurance requirements for |
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| 35 | 35 | | certified and insured prescribed burn managers. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 37 | 37 | | ______________________________ ______________________________ |
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| 38 | 38 | | President of the Senate Speaker of the House |
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| 39 | 39 | | I certify that H.B. No. 162 was passed by the House on April |
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| 40 | 40 | | 6, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not |
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| 41 | 41 | | voting. |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Chief Clerk of the House |
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| 44 | 44 | | I certify that H.B. No. 162 was passed by the Senate on May |
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| 45 | 45 | | 16, 2023, by the following vote: Yeas 31, Nays 0. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Secretary of the Senate |
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| 48 | 48 | | APPROVED: _____________________ |
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| 49 | 49 | | Date |
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| 50 | 50 | | _____________________ |
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| 51 | 51 | | Governor |
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