BILL ANALYSIS Senate Research Center S.B. 2510 89R11676 SCL-D By: Kolkhorst Natural Resources 4/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The Panhandle Wildfire highlighted the urgent need for more prescribed burns to manage Texas lands and reduce wildfire risk. While public lands are adequately burned, they make up less than five percent of Texasmore burns are needed on private land. A major barrier is the lack of general liability insurance for Certified Insured Prescribed Burn Managers (CIPBMs), with only one insurer meeting state requirementsand only for degreed foresters, excluding most CIPBMs. S.B. 2510 addresses this by creating a $25 million self-insurance pool, run by the Texas Forest Service, to meet liability coverage needs for prescribed burns. The pool covers only prescribed burn liability and excludes other types of insurance. CIPBMs must apply to join, complete wildfire suppression training, pay a participation fee, and report burn details. The program ends on September 1, 2040, with unused funds going to the statewide fire contingency account. As proposed, S.B. 2510 amends current law relating to establishment of the temporary prescribed burn manager self-insurance pool and authorizes a fee. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the director of the Texas A&M Forest Service in SECTION 1 (Section 2155.002, Insurance Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle G, Title 10, Insurance Code, by adding Chapter 2155, as follows: CHAPTER 2155. TEMPORARY PRESCRIBED BURN MANAGER SELF-INSURANCE POOL Sec. 2155.001. DEFINITIONS. Defines "fund," "prescribed burn manager," "program," and "service." Sec. 2155.002. PRESCRIBED BURN MANAGER SELF-INSURANCE PROGRAM. (a) Requires the Texas A&M Forest Service (service) to administer a prescribed burn manager self-insurance program (program) that: (1) identifies and evaluates risks arising from prescribed burns conducted under Chapter 153 (Prescribed Burning), Natural Resources Code; (2) maintains a loss-prevention and loss-control program to reduce risks arising from prescribed burns; (3) consolidates and administers prescribed burn risk management and self-insurance programs; and (4) provides prescribed burn self-insurance coverage in accordance with Section 2155.003. (b) Authorizes the service to employ staff to administer the program. (c) Authorizes the director of the service to adopt rules to implement and administer the program. Sec. 2155.003. SELF-INSURANCE POOL; COVERAGE. (a) Requires the program to administer a self-insurance pool to provide general liability coverage for prescribed burns a prescribed burn manager conducts. (b) Authorizes the coverage to indemnify a participating prescribed burn manager for liability arising from a prescribed burn conducted by the manager. Requires that the coverage limits provided be the minimum amounts required for purposes of Section 153.082 (Insurance), Natural Resources Code, or a lesser amount determined necessary based on the liquidity of the prescribed burn manager self-insurance fund (fund) after deducting the cost of administering this chapter. (c) Prohibits the self-insurance pool from providing coverage for a risk other than a prescribed burn conducted by a participating prescribed burn manager. Provides that prohibited coverage includes workers' compensation, automobile liability, and errors and omissions or professional liability. (d) Provides that the self-insurance coverage provided under this section is authorized to be funded only from money available from the fund. (e) Authorizes the director of the service to establish eligibility requirements for participation in coverage under this section and equipment and safety standards for the prescribed burns to be covered under this section. Sec. 2155.004. PARTICIPATION IN SELF-INSURANCE POOL. (a) Requires a prescribed burn manager, to participate in coverage provided under Section 2155.003, to submit a written request to the program in the form and manner prescribed by the service. (b) Requires the director of the service to approve the request for participation if each proposed prescribed burn to be covered meets the eligibility requirements and equipment and safety standards established under Section 2155.003(e). Sec. 2155.005. TRAINING REQUIREMENTS. (a) Requires a participating prescribed burn manager, as a condition for continuing participation in coverage provided under Section 2155.003, to complete a wildfire suppression course administered by the service that trains the manager on proper coordination with this state or local fire departments in the event that a prescribed burn escapes its predetermined boundaries and proper assistance in the suppression of a naturally occurring wildfire. (b) Requires the service to develop the course described by Subsection (a) in compliance with National Wildfire Coordinating Group standards and maintain records of a participating prescribed burn manager's completion of the course. Sec. 2155.006. PRESCRIBED BURN MANAGER SELF-INSURANCE FUND. (a) Provides that the fund is an account in a depository selected by the board of regents of The Texas A&M University System in the manner provided by Section 51.003 (Depositories), Education Code, for funds subject to the control of institutions of higher education under Section 51.002 (Funds Subject to Control), Education Code. (b) Provides that the fund is composed of an amount not to exceed $25 million appropriated by the legislature, money collected under Section 2155.008, and interest accruing on money in the fund. (c) Provides that money in the fund is authorized to be spent only for funding self-insurance under the program or administering this chapter, including paying the salaries and expenses of staff for the program and the fund. Sec. 2155.007. LIMITATION ON STATE'S LIABILITY. Provides that the state's liability for a loss covered by self-insurance provided under this chapter is limited to the assets of the fund, and the state is not otherwise liable for that loss. Sec. 2155.008. SELF-INSURANCE FEE; COST-SHARING REQUIREMENTS. (a) Authorizes the service to assess and collect a reasonable fee from participating prescribed burn managers to provide self-insurance coverage under this chapter. Requires the service to also establish reasonable cost-sharing requirements, including appropriate deductibles. (b) Requires the service, in establishing the amount of the fee and the cost-sharing requirements, to consider the amount that could be charged to the prescribed burn manager for similar insurance coverage provided to that prescribed burn manager in accordance with the Insurance Code and ensure that a deductible is sufficiently high to deter the use of the self-insurance coverage for minor losses and ensure the self-insurance coverage is used only for significant losses. (c) Requires the service to adjust the amount of a premium for the self-insurance coverage under this chapter by using the information collected under Section 2155.009. (d) Requires that money collected under this section be deposited to the credit of the fund. Sec. 2155.009. PRESCRIBED BURN DATA COLLECTION. Requires a participating prescribed burn manager to report in the form and manner prescribed by the service the following information for each prescribed burn the manager conducts the amount of land burned in acres, the date of the burn, and whether the burn resulted in a financial loss or wildfire response. Sec. 2155.010. EXCESSIVE CLAIMS. Authorizes the service, if the service determines that a participating prescribed burn manager has made excessive claims under self-insurance coverage under this chapter, to terminate the manager's participation in the self-insurance pool under this chapter and refer the manager to the Prescribed Burning Board for disciplinary action under Section 153.102 (Disciplinary Action; Schedule of Sanctions), Natural Resources Code, as if the manager violated Chapter 153 of that code. Sec. 2155.011. LEGAL REPRESENTATION. (a) Authorizes the service to employ an attorney to represent a prescribed burn manager in a liability action for which insurance coverage is provided under this chapter. (b) Prohibits the attorney general from providing the services described by Subsection (a). Sec. 2155.012. EXPIRATION OF PROGRAM AND CHAPTER. Provides that the program and this chapter expire September 1, 2040. Provides that, on expiration of the program, the remaining balance in the fund that is not needed to pay claims is transferred to the statewide fire contingency account established under Section 88.117 (Statewide Fire Contingency Account), Education Code. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2510
89R11676 SCL-D By: Kolkhorst
Natural Resources
4/14/2025
As Filed
Senate Research Center
S.B. 2510
89R11676 SCL-D
By: Kolkhorst
Natural Resources
4/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Panhandle Wildfire highlighted the urgent need for more prescribed burns to manage Texas lands and reduce wildfire risk. While public lands are adequately burned, they make up less than five percent of Texasmore burns are needed on private land.
A major barrier is the lack of general liability insurance for Certified Insured Prescribed Burn Managers (CIPBMs), with only one insurer meeting state requirementsand only for degreed foresters, excluding most CIPBMs.
S.B. 2510 addresses this by creating a $25 million self-insurance pool, run by the Texas Forest Service, to meet liability coverage needs for prescribed burns. The pool covers only prescribed burn liability and excludes other types of insurance.
CIPBMs must apply to join, complete wildfire suppression training, pay a participation fee, and report burn details. The program ends on September 1, 2040, with unused funds going to the statewide fire contingency account.
As proposed, S.B. 2510 amends current law relating to establishment of the temporary prescribed burn manager self-insurance pool and authorizes a fee.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the director of the Texas A&M Forest Service in SECTION 1 (Section 2155.002, Insurance Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle G, Title 10, Insurance Code, by adding Chapter 2155, as follows:
CHAPTER 2155. TEMPORARY PRESCRIBED BURN MANAGER SELF-INSURANCE POOL
Sec. 2155.001. DEFINITIONS. Defines "fund," "prescribed burn manager," "program," and "service."
Sec. 2155.002. PRESCRIBED BURN MANAGER SELF-INSURANCE PROGRAM. (a) Requires the Texas A&M Forest Service (service) to administer a prescribed burn manager self-insurance program (program) that:
(1) identifies and evaluates risks arising from prescribed burns conducted under Chapter 153 (Prescribed Burning), Natural Resources Code;
(2) maintains a loss-prevention and loss-control program to reduce risks arising from prescribed burns;
(3) consolidates and administers prescribed burn risk management and self-insurance programs; and
(4) provides prescribed burn self-insurance coverage in accordance with Section 2155.003.
(b) Authorizes the service to employ staff to administer the program.
(c) Authorizes the director of the service to adopt rules to implement and administer the program.
Sec. 2155.003. SELF-INSURANCE POOL; COVERAGE. (a) Requires the program to administer a self-insurance pool to provide general liability coverage for prescribed burns a prescribed burn manager conducts.
(b) Authorizes the coverage to indemnify a participating prescribed burn manager for liability arising from a prescribed burn conducted by the manager. Requires that the coverage limits provided be the minimum amounts required for purposes of Section 153.082 (Insurance), Natural Resources Code, or a lesser amount determined necessary based on the liquidity of the prescribed burn manager self-insurance fund (fund) after deducting the cost of administering this chapter.
(c) Prohibits the self-insurance pool from providing coverage for a risk other than a prescribed burn conducted by a participating prescribed burn manager. Provides that prohibited coverage includes workers' compensation, automobile liability, and errors and omissions or professional liability.
(d) Provides that the self-insurance coverage provided under this section is authorized to be funded only from money available from the fund.
(e) Authorizes the director of the service to establish eligibility requirements for participation in coverage under this section and equipment and safety standards for the prescribed burns to be covered under this section.
Sec. 2155.004. PARTICIPATION IN SELF-INSURANCE POOL. (a) Requires a prescribed burn manager, to participate in coverage provided under Section 2155.003, to submit a written request to the program in the form and manner prescribed by the service.
(b) Requires the director of the service to approve the request for participation if each proposed prescribed burn to be covered meets the eligibility requirements and equipment and safety standards established under Section 2155.003(e).
Sec. 2155.005. TRAINING REQUIREMENTS. (a) Requires a participating prescribed burn manager, as a condition for continuing participation in coverage provided under Section 2155.003, to complete a wildfire suppression course administered by the service that trains the manager on proper coordination with this state or local fire departments in the event that a prescribed burn escapes its predetermined boundaries and proper assistance in the suppression of a naturally occurring wildfire.
(b) Requires the service to develop the course described by Subsection (a) in compliance with National Wildfire Coordinating Group standards and maintain records of a participating prescribed burn manager's completion of the course.
Sec. 2155.006. PRESCRIBED BURN MANAGER SELF-INSURANCE FUND. (a) Provides that the fund is an account in a depository selected by the board of regents of The Texas A&M University System in the manner provided by Section 51.003 (Depositories), Education Code, for funds subject to the control of institutions of higher education under Section 51.002 (Funds Subject to Control), Education Code.
(b) Provides that the fund is composed of an amount not to exceed $25 million appropriated by the legislature, money collected under Section 2155.008, and interest accruing on money in the fund.
(c) Provides that money in the fund is authorized to be spent only for funding self-insurance under the program or administering this chapter, including paying the salaries and expenses of staff for the program and the fund.
Sec. 2155.007. LIMITATION ON STATE'S LIABILITY. Provides that the state's liability for a loss covered by self-insurance provided under this chapter is limited to the assets of the fund, and the state is not otherwise liable for that loss.
Sec. 2155.008. SELF-INSURANCE FEE; COST-SHARING REQUIREMENTS. (a) Authorizes the service to assess and collect a reasonable fee from participating prescribed burn managers to provide self-insurance coverage under this chapter. Requires the service to also establish reasonable cost-sharing requirements, including appropriate deductibles.
(b) Requires the service, in establishing the amount of the fee and the cost-sharing requirements, to consider the amount that could be charged to the prescribed burn manager for similar insurance coverage provided to that prescribed burn manager in accordance with the Insurance Code and ensure that a deductible is sufficiently high to deter the use of the self-insurance coverage for minor losses and ensure the self-insurance coverage is used only for significant losses.
(c) Requires the service to adjust the amount of a premium for the self-insurance coverage under this chapter by using the information collected under Section 2155.009.
(d) Requires that money collected under this section be deposited to the credit of the fund.
Sec. 2155.009. PRESCRIBED BURN DATA COLLECTION. Requires a participating prescribed burn manager to report in the form and manner prescribed by the service the following information for each prescribed burn the manager conducts the amount of land burned in acres, the date of the burn, and whether the burn resulted in a financial loss or wildfire response.
Sec. 2155.010. EXCESSIVE CLAIMS. Authorizes the service, if the service determines that a participating prescribed burn manager has made excessive claims under self-insurance coverage under this chapter, to terminate the manager's participation in the self-insurance pool under this chapter and refer the manager to the Prescribed Burning Board for disciplinary action under Section 153.102 (Disciplinary Action; Schedule of Sanctions), Natural Resources Code, as if the manager violated Chapter 153 of that code.
Sec. 2155.011. LEGAL REPRESENTATION. (a) Authorizes the service to employ an attorney to represent a prescribed burn manager in a liability action for which insurance coverage is provided under this chapter.
(b) Prohibits the attorney general from providing the services described by Subsection (a).
Sec. 2155.012. EXPIRATION OF PROGRAM AND CHAPTER. Provides that the program and this chapter expire September 1, 2040. Provides that, on expiration of the program, the remaining balance in the fund that is not needed to pay claims is transferred to the statewide fire contingency account established under Section 88.117 (Statewide Fire Contingency Account), Education Code.
SECTION 2. Effective date: September 1, 2025.