Texas

Tex Penal code §6.03.

Summary: A person acts intentionally if his conscious objective is to engage in the conduct or cause the result.  A person acts knowingly if he is aware of the nature of his conduct or that the circumstances exist or when he is aware his conduct is reasonably certain to cause the result.  A person acts recklessly when he is aware of but consciously disregards a substantial and unjustifiable risk of such a nature and degree that its disregard constitutes a gross deviation for the standard of care an ordinary person would exercise under the circumstances.  A person is criminally negligent when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.

Tex Local Gov’t. code §352.081. Enacted: 1999; Last updated: 2001.

Summary: On request of the commissioners court of a county, the Texas Forest Service shall determine whether drought conditions exist.  The commissioners court of a county may prohibit or restrict outdoor burning or outdoor burning of a particular substance.  This section does not apply to outdoor burning related to public health and safety, firefighter training, public utility, natural gas pipeline or mining operations or planting or harvesting of agricultural crops or burns conducted by a certified prescribed burn manager.  Anyone may obtain an injunction to prevent the violation of a restriction or prohibition.  If someone knowingly and intentionally violates a prohibition or restriction, they are guilty of a Class C misdemeanor.

Tex Nat Res. code §153.001. Enacted: 1999; Last updated: 1999.

Summary: Board means the Prescribed Burning Board.

Tex Nat Res. code §153.002. Enacted: 1999; Last updated: 1999.

Summary: This chapter does not limit a landowner’s right to conduct burns on his own property.

Tex Nat Res. code §153.003. Enacted: NA; Last updated: NA.

Summary: 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 in this chapter.

Tex Nat Res. code §153.041 through §153.046. Enacted: 1999; Last updated: 1999.

Summary: The Prescribed Burning Board is established within the Department of Agriculture its composition is defined here.  Board members must complete at least one training program that provides information about the laws, programs operated by the board, the role and function of the board, conflict of interest laws and ethics policies.  The board will be abolished September 1, 2007 unless continued in existence.  The board shall establish an advisory board of members of the public.  The Prescribed Burning Board shall establish standards for prescribed burning and training and certification of prescribed burn managers and set minimum insurance requirements for certified prescribed burn managers.

Tex Nat Res. code §153.047. Enacted: 1999; Last updated: 1999.

Summary: Prescribed burning standards must ensure that prescribed burning is the controlled application of fire to natural vegetation under specified environmental conditions in accordance with a written prescription plan that is designed to confine the fire to a predetermined area and accomplish objectives.  At least one prescribed burn manager must be present during the prescribed burn.  Guidelines must be established for sufficient burning crew to provide adequate protection for the safety of persons and adjacent property.  Standards for notification to adjacent land owners, the Texas Natural Resource Conservation Commission, and local fire authorities must be set as well as minimum insurance requirements for certified prescribed burn managers.

Tex Nat Res. code §153.048. Enacted: 1999; Last updated: 1999.

Summary: Prescribed burn managers are certified for five years if they demonstrate completion of an approved training program by an approved instructor and pay a fee.  Certification may be renewed only by completing a required continuing education program.

Tex Nat Res. code §153.081. Enacted: 1999; Last updated: 1999.

Summary: The owner or occupant of agricultural land is not liable for damage, injury, or death that may result from prescribed burning if the burning is conducted under the supervision of a certified prescribed burn manager.  This section does not apply to an owner or occupant who is a certified prescribed burn manager and conducts a burn on that land.  Agricultural land means land suitable for production of plants and fruits for human or animal consumption or plants grown for fiber, floriculture, viticulture, horticulture or planting seed; forestry or growing trees; domestic or native farm or ranch animals or management of native or exotic wildlife.

Tex Nat Res. code §153.082. Enacted: 1999; Last updated: 2001.

Summary: The liability limitation does not apply to an owner or occupant of agricultural land unless the certified prescribed burn manager conducting the burn has liability insurance of at least $1 million for each occurrence of destruction with a minimum aggregate limit of $2 million.