SECTION 225.2. Categories of Certification

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.

Source Note: The provisions of this §225.2 adopted to be effective March 30, 2014, 39 TexReg 2275; amended to be effective May 25, 2023, 48 TexReg 2568