Texas 2025 - 89th Regular

Texas Senate Bill SB2510 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11676 SCL-D
2	2	By: Kolkhorst S.B. No. 2510
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to establishment of the temporary prescribed burn manager
10	10	self-insurance pool; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle G, Title 10, Insurance Code, is amended
13	13	by adding Chapter 2155 to read as follows:
14	14	CHAPTER 2155. TEMPORARY PRESCRIBED BURN MANAGER SELF-INSURANCE
15	15	POOL
16	16	Sec. 2155.001. DEFINITIONS. In this chapter:
17	17	(1) "Fund" means the prescribed burn manager
18	18	self-insurance fund established under Section 2155.006.
19	19	(2) "Prescribed burn manager" means a person who is a
20	20	certified and insured prescribed burn manager under Section
21	21	153.048, Natural Resources Code.
22	22	(3) "Program" means the prescribed burn manager
23	23	self-insurance program administered under this chapter.
24	24	(4) "Service" means the Texas A&M Forest Service.
25	25	Sec. 2155.002. PRESCRIBED BURN MANAGER SELF-INSURANCE
26	26	PROGRAM. (a) The service shall administer a prescribed burn
27	27	manager self-insurance program that:
28	28	(1) identifies and evaluates risks arising from
29	29	prescribed burns conducted under Chapter 153, Natural Resources
30	30	Code;
31	31	(2) maintains a loss-prevention and loss-control
32	32	program to reduce risks arising from prescribed burns;
33	33	(3) consolidates and administers prescribed burn risk
34	34	management and self-insurance programs; and
35	35	(4) provides prescribed burn self-insurance coverage
36	36	in accordance with Section 2155.003.
37	37	(b) The service may employ staff to administer the program.
38	38	(c) The director of the service may adopt rules to implement
39	39	and administer the program.
40	40	Sec. 2155.003. SELF-INSURANCE POOL; COVERAGE. (a) The
41	41	program shall administer a self-insurance pool to provide general
42	42	liability coverage for prescribed burns a prescribed burn manager
43	43	conducts.
44	44	(b) The coverage may indemnify a participating prescribed
45	45	burn manager for liability arising from a prescribed burn conducted
46	46	by the manager. The coverage limits provided must be the minimum
47	47	amounts required for purposes of Section 153.082, Natural Resources
48	48	Code, or a lesser amount determined necessary based on the
49	49	liquidity of the fund after deducting the cost of administering
50	50	this chapter.
51	51	(c) The self-insurance pool may not provide coverage for a
52	52	risk other than a prescribed burn conducted by a participating
53	53	prescribed burn manager. Prohibited coverage includes:
54	54	(1) workers' compensation;
55	55	(2) automobile liability; and
56	56	(3) errors and omissions or professional liability.
57	57	(d) Self-insurance coverage provided under this section may
58	58	be funded only from money available from the fund.
59	59	(e) The director of the service may establish:
60	60	(1) eligibility requirements for participation in
61	61	coverage under this section; and
62	62	(2) equipment and safety standards for the prescribed
63	63	burns to be covered under this section.
64	64	Sec. 2155.004. PARTICIPATION IN SELF-INSURANCE POOL. (a)
65	65	To participate in coverage provided under Section 2155.003, a
66	66	prescribed burn manager must submit a written request to the
67	67	program in the form and manner prescribed by the service.
68	68	(b) The director of the service shall approve the request
69	69	for participation if each proposed prescribed burn to be covered
70	70	meets the eligibility requirements and equipment and safety
71	71	standards established under Section 2155.003(e).
72	72	Sec. 2155.005. TRAINING REQUIREMENTS. (a) As a condition
73	73	for continuing participation in coverage provided under Section
74	74	2155.003, a participating prescribed burn manager shall complete a
75	75	wildfire suppression course administered by the service that trains
76	76	the manager on:
77	77	(1) proper coordination with this state or local fire
78	78	departments in the event that a prescribed burn escapes its
79	79	predetermined boundaries; and
80	80	(2) proper assistance in the suppression of a
81	81	naturally occurring wildfire.
82	82	(b) The service shall:
83	83	(1) develop the course described by Subsection (a) in
84	84	compliance with National Wildfire Coordinating Group standards;
85	85	and
86	86	(2) maintain records of a participating prescribed
87	87	burn manager's completion of the course.
88	88	Sec. 2155.006. PRESCRIBED BURN MANAGER SELF-INSURANCE
89	89	FUND. (a) The fund is an account in a depository selected by the
90	90	board of regents of The Texas A&M University System in the manner
91	91	provided by Section 51.003, Education Code, for funds subject to
92	92	the control of institutions of higher education under Section
93	93	51.002, Education Code.
94	94	(b) The fund is composed of:
95	95	(1) an amount not to exceed $25 million appropriated
96	96	by the legislature;
97	97	(2) money collected under Section 2155.008; and
98	98	(3) interest accruing on money in the fund.
99	99	(c) Money in the fund may be spent only for:
100	100	(1) funding self-insurance under the program; or
101	101	(2) administering this chapter, including paying the
102	102	salaries and expenses of staff for the program and the fund.
103	103	Sec. 2155.007. LIMITATION ON STATE'S LIABILITY. The
104	104	state's liability for a loss covered by self-insurance provided
105	105	under this chapter is limited to the assets of the fund, and the
106	106	state is not otherwise liable for that loss.
107	107	Sec. 2155.008. SELF-INSURANCE FEE; COST-SHARING
108	108	REQUIREMENTS. (a) The service may assess and collect a reasonable
109	109	fee from participating prescribed burn managers to provide
110	110	self-insurance coverage under this chapter. The service shall also
111	111	establish reasonable cost-sharing requirements, including
112	112	appropriate deductibles.
113	113	(b) In establishing the amount of the fee and the
114	114	cost-sharing requirements, the service shall consider the amount
115	115	that could be charged to the prescribed burn manager for similar
116	116	insurance coverage provided to that prescribed burn manager in
117	117	accordance with this code and ensure that a deductible is
118	118	sufficiently high to:
119	119	(1) deter the use of the self-insurance coverage for
120	120	minor losses; and
121	121	(2) ensure the self-insurance coverage is used only
122	122	for significant losses.
123	123	(c) The service shall adjust the amount of a premium for the
124	124	self-insurance coverage under this chapter by using the information
125	125	collected under Section 2155.009.
126	126	(d) Money collected under this section shall be deposited to
127	127	the credit of the fund.
128	128	Sec. 2155.009. PRESCRIBED BURN DATA COLLECTION. A
129	129	participating prescribed burn manager shall report in the form and
130	130	manner prescribed by the service the following information for each
131	131	prescribed burn the manager conducts:
132	132	(1) the amount of land burned in acres;
133	133	(2) the date of the burn; and
134	134	(3) whether the burn resulted in a financial loss or
135	135	wildfire response.
136	136	Sec. 2155.010. EXCESSIVE CLAIMS. If the service determines
137	137	that a participating prescribed burn manager has made excessive
138	138	claims under self-insurance coverage under this chapter, the
139	139	service may:
140	140	(1) terminate the manager's participation in the
141	141	self-insurance pool under this chapter; and
142	142	(2) refer the manager to the Prescribed Burning Board
143	143	for disciplinary action under Section 153.102, Natural Resources
144	144	Code, as if the manager violated Chapter 153 of that code.
145	145	Sec. 2155.011. LEGAL REPRESENTATION. (a) The service may
146	146	employ an attorney to represent a prescribed burn manager in a
147	147	liability action for which insurance coverage is provided under
148	148	this chapter.
149	149	(b) The attorney general may not provide the services
150	150	described by Subsection (a).
151	151	Sec. 2155.012. EXPIRATION OF PROGRAM AND CHAPTER. The
152	152	program and this chapter expire September 1, 2040. On expiration of
153	153	the program, the remaining balance in the fund that is not needed to
154	154	pay claims is transferred to the statewide fire contingency account
155	155	established under Section 88.117, Education Code.
156	156	SECTION 2. This Act takes effect September 1, 2025.