Texas Natural Resources Code Title 6, Chapter 153 - Prescribed Burning

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 153.001 - Definitions
  In this chapter: (1) "Board" means the Prescribed Burning Board. (2) "Department" means the Department of Agriculture. (3) "Prescribed burning organization" means an organization described...
• Texas Section 153.002 - Landowner's Right To Conduct Burns Not Limited
  This chapter does not limit a landowner's right to conduct burns on the landowner's property. Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1,...
• Texas Section 153.003 - Liability
  This chapter does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided...

SUBCHAPTER B PRESCRIBED BURNING BOARD

• Texas Section 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...
• Texas Section 153.041 - Establishment
  (a) The Prescribed Burning Board is established within the department and is composed of: (1) an employee of the Texas Forest Service designated by the...
• Texas Section 153.042 - Information Relating To Standards Of Conduct
  The presiding officer of the board or the presiding officer's designee shall provide to members of the board, as often as necessary, information regarding their...
• Texas Section 153.043 - Member Training
  (a) A person appointed to the board is not eligible for membership on the board unless the person completes at least one training program that...
• Texas Section 153.044 - Sunset Provision
  The Prescribed Burning Board is subject to Chapter 325, Government Code (Texas Sunset Act). The board shall be reviewed during the period in which the...
• Texas Section 153.045 - Advisory Board
  (a) The board shall establish an advisory board of members of the public, including individuals representing: (1) property owners; (2) agriculture, forestry, and livestock producers;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 153.048 - Certified And Insured Prescribed Burn Managers
  (a) Minimum standards established by the board for certification as a certified and insured prescribed burn manager must require the completion of the approved training...

SUBCHAPTER C LIMITATIONS ON LIABILITY

• Texas Section 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...
• Texas Section 153.081 - Limitation Of Owner Liability
  (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...

SUBCHAPTER D COMPLAINTS, ENFORCEMENT, AND PENALTIES

• Texas Section 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...
• Texas Section 153.101 - Complaints
  The department shall receive and process complaints concerning certified and insured prescribed burn managers in the manner described by Section 12.026, Agriculture Code, and rules...
• Texas Section 153.102 - Disciplinary Action; Schedule Of Sanctions
  (a) The department may impose an administrative sanction, including an administrative penalty, as provided by Sections 12.020, 12.0201, 12.0202, and 12.0261, Agriculture Code, for a...
• Texas Section 153.103 - Injunction
  (a) The department may apply to a district court in any county for an injunction to restrain a person who is not a certified and...
• Texas Section 153.104 - Emergency Suspension
  (a) On determining that a certification holder is engaged in or about to engage in a violation of this chapter and that the certification holder's...

Last modified: September 28, 2016