TX
Texas House Bill HB2563

Texas 2025 - 89th Regular

Texas House Bill HB2563 Compare Versions

OldNewDifferences
1-89R20627 SCL-D
1+89R11676 SCL-D
22 By: Ashby H.B. No. 2563
3- Substitute the following for H.B. No. 2563:
4- By: Dean C.S.H.B. No. 2563
3+
4+
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
9- relating to establishment of the temporary certified and insured
10- prescribed burn manager self-insurance pool; authorizing a fee.
9+ relating to establishment of the temporary prescribed burn manager
10+ self-insurance pool; authorizing a fee.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle G, Title 10, Insurance Code, is amended
1313 by adding Chapter 2155 to read as follows:
14- CHAPTER 2155. TEMPORARY CERTIFIED AND INSURED PRESCRIBED BURN
15- MANAGER SELF-INSURANCE POOL
14+ CHAPTER 2155. TEMPORARY PRESCRIBED BURN MANAGER SELF-INSURANCE
15+ POOL
1616 Sec. 2155.001. DEFINITIONS. In this chapter:
17- (1) "CIPBM" means a person who is a certified and
18- insured prescribed burn manager under Section 153.048, Natural
19- Resources Code.
20- (2) "Fund" means the self-insurance fund established
21- under Section 2155.006.
22- (3) "Program" means the CIPBM self-insurance program
23- administered under this chapter.
17+ (1) "Fund" means the prescribed burn manager
18+ self-insurance fund established under Section 2155.006.
19+ (2) "Prescribed burn manager" means a person who is a
20+ certified and insured prescribed burn manager under Section
21+ 153.048, Natural Resources Code.
22+ (3) "Program" means the prescribed burn manager
23+ self-insurance program administered under this chapter.
2424 (4) "Service" means the Texas A&M Forest Service.
25- Sec. 2155.002. CIPBM SELF-INSURANCE PROGRAM. (a) The
26- service shall administer a CIPBM self-insurance program that:
25+ Sec. 2155.002. PRESCRIBED BURN MANAGER SELF-INSURANCE
26+ PROGRAM. (a) The service shall administer a prescribed burn
27+ manager self-insurance program that:
2728 (1) identifies and evaluates risks arising from
2829 prescribed burns conducted under Chapter 153, Natural Resources
2930 Code;
3031 (2) maintains a loss-prevention and loss-control
3132 program to reduce risks arising from prescribed burns;
3233 (3) consolidates and administers prescribed burn risk
3334 management and self-insurance programs; and
3435 (4) provides prescribed burn self-insurance coverage
3536 in accordance with Section 2155.003.
3637 (b) The service may employ staff to administer the program.
3738 (c) The director of the service may adopt rules to implement
3839 and administer the program.
3940 Sec. 2155.003. SELF-INSURANCE POOL; COVERAGE. (a) The
4041 program shall administer a self-insurance pool to provide general
41- liability coverage for CIPBMs who are residents of this state.
42- (b) The coverage must indemnify a participating CIPBM for
43- liability arising from a prescribed burn. The coverage limits
44- provided must be the minimum amounts required for purposes of
45- Section 153.082, Natural Resources Code.
42+ liability coverage for prescribed burns a prescribed burn manager
43+ conducts.
44+ (b) The coverage may indemnify a participating prescribed
45+ burn manager for liability arising from a prescribed burn conducted
46+ by the manager. The coverage limits provided must be the minimum
47+ amounts required for purposes of Section 153.082, Natural Resources
48+ Code, or a lesser amount determined necessary based on the
49+ liquidity of the fund after deducting the cost of administering
50+ this chapter.
4651 (c) The self-insurance pool may not provide coverage for a
47- risk other than prescribed burning conducted by a participating
48- CIPBM. Prohibited coverage includes:
52+ risk other than a prescribed burn conducted by a participating
53+ prescribed burn manager. Prohibited coverage includes:
4954 (1) workers' compensation;
5055 (2) automobile liability; and
5156 (3) errors and omissions or professional liability.
5257 (d) Self-insurance coverage provided under this section may
5358 be funded only from money available from the fund.
54- (e) The director of the service may recommend:
55- (1) requirements for participation in coverage under
56- this section; and
59+ (e) The director of the service may establish:
60+ (1) eligibility requirements for participation in
61+ coverage under this section; and
5762 (2) equipment and safety standards for the prescribed
5863 burns to be covered under this section.
5964 Sec. 2155.004. PARTICIPATION IN SELF-INSURANCE POOL. (a)
60- To participate in coverage provided under Section 2155.003, a CIPBM
61- must submit a written request to the program in the form and manner
62- prescribed by the service.
65+ To participate in coverage provided under Section 2155.003, a
66+ prescribed burn manager must submit a written request to the
67+ program in the form and manner prescribed by the service.
6368 (b) The director of the service shall approve the request
64- for participation if the CIPBM to be covered is certified under
65- Section 153.048, Natural Resources Code.
69+ for participation if each proposed prescribed burn to be covered
70+ meets the eligibility requirements and equipment and safety
71+ standards established under Section 2155.003(e).
6672 Sec. 2155.005. TRAINING REQUIREMENTS. (a) As a condition
6773 for continuing participation in coverage provided under Section
68- 2155.003, a participating CIPBM shall complete a wildfire
69- suppression course offered or sanctioned by the service that trains
70- the CIPBM on:
74+ 2155.003, a participating prescribed burn manager shall complete a
75+ wildfire suppression course administered by the service that trains
76+ the manager on:
7177 (1) proper coordination with this state or local fire
7278 departments in the event that a prescribed burn escapes its
7379 predetermined boundaries; and
7480 (2) proper assistance in the suppression of a
7581 naturally occurring wildfire.
7682 (b) The service shall:
7783 (1) develop the course described by Subsection (a) in
78- compliance with the minimum standards for prescribed burn manager
79- certification under Section 153.048, Natural Resources Code; and
80- (2) maintain records of a participating CIPBM's
81- completion of the course.
82- Sec. 2155.006. TEMPORARY CIPBM SELF-INSURANCE FUND. (a)
83- The fund is an account in a depository selected by the board of
84- regents of The Texas A&M University System in the manner provided by
85- Section 51.003, Education Code, for funds subject to the control of
86- institutions of higher education under Section 51.002, Education
87- Code.
84+ compliance with National Wildfire Coordinating Group standards;
85+ and
86+ (2) maintain records of a participating prescribed
87+ burn manager's completion of the course.
88+ Sec. 2155.006. PRESCRIBED BURN MANAGER SELF-INSURANCE
89+ FUND. (a) The fund is an account in a depository selected by the
90+ board of regents of The Texas A&M University System in the manner
91+ provided by Section 51.003, Education Code, for funds subject to
92+ the control of institutions of higher education under Section
93+ 51.002, Education Code.
8894 (b) The fund is composed of:
8995 (1) an amount not to exceed $25 million appropriated
9096 by the legislature;
9197 (2) money collected under Section 2155.008; and
9298 (3) interest accruing on money in the fund.
9399 (c) Money in the fund may be spent only for:
94100 (1) funding self-insurance under the program; or
95101 (2) administering this chapter, including paying the
96102 salaries and expenses of staff for the program and the fund.
97103 Sec. 2155.007. LIMITATION ON STATE'S LIABILITY. The
98- state's liability for all losses covered by self-insurance provided
104+ state's liability for a loss covered by self-insurance provided
99105 under this chapter is limited to the assets of the fund, and the
100- state is not otherwise liable for those losses.
106+ state is not otherwise liable for that loss.
101107 Sec. 2155.008. SELF-INSURANCE FEE; COST-SHARING
102108 REQUIREMENTS. (a) The service may assess and collect a reasonable
103- fee from participating CIPBMs to provide self-insurance coverage
104- under this chapter. The service shall also establish reasonable
105- cost-sharing requirements, including appropriate deductibles.
109+ fee from participating prescribed burn managers to provide
110+ self-insurance coverage under this chapter. The service shall also
111+ establish reasonable cost-sharing requirements, including
112+ appropriate deductibles.
106113 (b) In establishing the amount of the fee and the
107114 cost-sharing requirements, the service shall consider the amount
108- that could be charged to the CIPBM for similar insurance coverage
109- provided to that CIPBM in accordance with this code and ensure that
110- a deductible is sufficiently high to:
115+ that could be charged to the prescribed burn manager for similar
116+ insurance coverage provided to that prescribed burn manager in
117+ accordance with this code and ensure that a deductible is
118+ sufficiently high to:
111119 (1) deter the use of the self-insurance coverage for
112120 minor losses; and
113121 (2) ensure the self-insurance coverage is used only
114122 for significant losses.
115123 (c) The service shall adjust the amount of a premium for the
116124 self-insurance coverage under this chapter by using the information
117125 collected under Section 2155.009.
118126 (d) Money collected under this section shall be deposited to
119127 the credit of the fund.
120128 Sec. 2155.009. PRESCRIBED BURN DATA COLLECTION. A
121- participating CIPBM shall report in the form and manner prescribed
122- by the service the following information for each prescribed burn
123- the CIPBM conducts:
124- (1) the amount of land burned in acres by county;
129+ participating prescribed burn manager shall report in the form and
130+ manner prescribed by the service the following information for each
131+ prescribed burn the manager conducts:
132+ (1) the amount of land burned in acres;
125133 (2) the date of the burn; and
126134 (3) whether the burn resulted in a financial loss or
127135 wildfire response.
128136 Sec. 2155.010. EXCESSIVE CLAIMS. If the service determines
129- that a participating CIPBM has made excessive claims under
130- self-insurance coverage under this chapter, the service may:
131- (1) terminate the CIPBM's participation in the
132- self-insurance pool under this chapter; or
133- (2) refer the CIPBM to the Prescribed Burning Board
137+ that a participating prescribed burn manager has made excessive
138+ claims under self-insurance coverage under this chapter, the
139+ service may:
140+ (1) terminate the manager's participation in the
141+ self-insurance pool under this chapter; and
142+ (2) refer the manager to the Prescribed Burning Board
134143 for disciplinary action under Section 153.102, Natural Resources
135- Code, as if the CIPBM violated Chapter 153 of that code.
144+ Code, as if the manager violated Chapter 153 of that code.
136145 Sec. 2155.011. LEGAL REPRESENTATION. (a) The service may
137- employ an attorney to represent a CIPBM in a liability action for
138- which insurance coverage is provided under this chapter.
146+ employ an attorney to represent a prescribed burn manager in a
147+ liability action for which insurance coverage is provided under
148+ this chapter.
139149 (b) The attorney general may not provide the services
140150 described by Subsection (a).
141151 Sec. 2155.012. EXPIRATION OF PROGRAM AND CHAPTER. The
142152 program and this chapter expire September 1, 2040. On expiration of
143153 the program, the remaining balance in the fund that is not needed to
144154 pay claims is transferred to the statewide fire contingency account
145155 established under Section 88.117, Education Code.
146156 SECTION 2. This Act takes effect September 1, 2025.