Certified and insured prescribed burn managers may be certified
in one of the following categories:
(1) Commercial Certified and Insured Prescribed Burn
Manager. A commercial certified and insured prescribed burn manager
may conduct prescribed burns for hire on any property allowed by his
or her certification, including that of his or her employer.
(2) Private Certified and Insured Prescribed Burn Manager.
A private certified and insured prescribed burn manager conducts prescribed
burns on property owned by, leased by, or occupied by the private
certified and insured prescribed burn manager or that person's employer.
An employee qualifies as a private certified and insured prescribed
burn manager if he or she is employed to perform duties related to
the operation and conducts prescribed burning activities but does
not provide the necessary equipment.
(3) Not-for-Profit Certified and Insured Prescribed
Burn Manager. A not-for-profit certified and insured prescribed burn
manager conducts prescribed burns on property owned or leased by a
prescribed burning organization or on property owned or leased by
a person who is a member of a prescribed burning organization. For
purposes of this section, a prescribed burning organization must be
an association, cooperative, or organization legally formed and authorized
under Texas law, or a domestic entity legally formed under the Texas
Business Organizations Code, and must:
(A) hold a certificate of account status from the Texas
Comptroller of Public Accounts reflecting that the association, cooperative,
organization, or domestic entity is current in paying all franchise
taxes due under Texas law, or provide appropriate documentation, issued
by the Texas Comptroller of Public Accounts, or in a form approved
by the Board, that the association, cooperative, organization, or
domestic entity is exempt from the payment of franchise taxes under
Texas law;
(B) have its registered office and principal place
of business in the State of Texas; and
(C) provide, as one of the primary purposes of the
organization, education and training to its members or shareholders
regarding the safe and effective use of prescribed burning within
the State of Texas as an agricultural, ranching, and land management
practice, or provide education and other resources to its member or
shareholders regarding land conservation and management.
(4) Governmental Certified and Insured Prescribed Burn
Manager. A certified and insured prescribed burn manager employed
by and acting on behalf of a government unit must apply for certification
to act as a certified and insured prescribed burn manager as an authorized
employee of a governmental unit. A governmental certified and insured
prescribed burn manager is limited to conducting prescribed burns
on property owned, leased, or controlled by the governmental unit
while acting in the course and scope of his or her duties as an employee
of the governmental unit.
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