Texas legislation aims to establish a state-managed insurance pool for prescribed burn managers.

Texas lawmakers are taking steps to change how prescribed burns are managed in the state. They are considering a new bill that would create a state-run insurance pool specifically for those who conduct these controlled burns. This move aims to provide better liability coverage for burn managers, who play a crucial role in managing vegetation and reducing wildfire risks.

The proposed legislation, known as Senate Bill 2510, was introduced by Senator Lois Kolkhorst. It seeks to establish the Temporary Prescribed Burn Manager Self-Insurance Pool, which would offer general liability coverage to certified burn managers. Prescribed burns are an essential part of Texas’s land management efforts, but they come with risks that often make insurance expensive and hard to find.

If passed, the Texas A&M Forest Service would oversee this self-insurance program. They would set safety standards and eligibility requirements for those wanting to participate. The bill would amend the state’s insurance code to create a dedicated chapter for this program.

Funding for the insurance pool would come from a mix of state appropriations, capped at $25 million, fees from burn managers, and interest earned on the fund. Coverage would only apply to prescribed burns conducted by certified individuals, and it would not cover workers’ compensation or automobile liabilities.

The Texas A&M Forest Service would determine the deductibles and premiums, focusing on preventing minor claims and ensuring that payouts are reserved for significant losses. To participate, burn managers would need to meet strict safety standards and complete training courses on wildfire suppression. This training would help ensure they coordinate effectively with local fire departments if a burn escapes control.

A key aspect of the bill is that it limits the state’s financial liability to the assets in the insurance fund. This measure protects Texas taxpayers from broader financial exposure. If the program ends in 2040 with any remaining funds, those would be transferred to the state’s wildfire contingency account.

The legislation also allows the Forest Service to terminate participation for managers who submit excessive claims, sending repeat offenders to the Prescribed Burning Board for potential disciplinary action.

For private insurers, this bill introduces a public competitor in a niche area of liability coverage. Traditionally, options for prescribed burn managers have been limited and costly. By providing a state-supported alternative, the bill could reduce the demand for private insurance products, even though its scope is limited.

As wildfire risks continue to rise across the country, this proposal reflects ongoing efforts to balance regulatory oversight with market dynamics. It aims to address a critical need while ensuring that safety and compliance remain priorities.

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