Minimum standards established by the board for prescribed burning must:

1. (1) ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan:

   1. (A) designed to confine the fire to a predetermined area and to accomplish planned land management objectives; and
   2. (B) that conforms to the standards established under this section;
2. (2) if the prescription plan lists a certified and insured prescribed burn manager as the burn boss, require that the burn boss be present on site during the conduct of the prescribed burn;

3. (3) establish appropriate guidelines for size of burning crews sufficient to:

   1. (A) conduct the burn in accordance with the prescription plan; and
   2. (B) provide adequate protection for the safety of persons and of adjacent property;
4. (4) include standards for notification to adjacent land owners, the Texas Commission on Environmental Quality, and local fire authorities; and
5. (5) include minimum insurance requirements for certified and insured prescribed burn managers.

Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.

Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.06, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 169 (H.B. 2119), Sec. 6, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 2, eff. September 1, 2019.

Acts 2023, 88th Leg., R.S., Ch. 302 (H.B. 162), Sec. 1, eff. September 1, 2023.