HB 1905

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
negative
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest
HB 1905 proposes a procedural amendment to the Parks and Wildlife Code aimed at enhancing fire safety coordination during prescribed burns. Specifically, the bill would add a new subsection (d) to Section 11.354, requiring the Texas Parks and Wildlife Department (TPWD) to provide formal notice to the Texas A&M Forest Service at least 30 days prior to conducting a prescribed burn. The notice must also include a request for the Forest Service to strategically position fire response equipment in case the burn becomes uncontained.

The primary objective of this legislation is to improve preparedness and interagency coordination between TPWD and the Texas A&M Forest Service. Prescribed burns are a common land management tool used by TPWD to maintain healthy ecosystems, reduce wildfire risk, and promote biodiversity. However, such operations can pose risks if weather conditions shift or other variables cause the fire to spread unintentionally. By requiring prior notice and requesting standby equipment, the bill seeks to reduce the likelihood and impact of fire-related emergencies.

HB 1905 applies only to prescribed burns initiated on or after its effective date. It does not apply retroactively to previously planned or executed burns. The measure does not impose a direct enforcement mechanism or penalty but relies on procedural compliance to promote accountability and safety within public land management practices.
Author (1)
Ken King
Co-Author (1)
Maria Flores
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1905 is not expected to have a significant fiscal impact on the state. The bill requires the Texas Parks and Wildlife Department (TPWD) to provide advance notice, at least 30 days, to the Texas A&M Forest Service before conducting a prescribed burn. This notice must also include a request that the Forest Service position fire response equipment in case the fire becomes uncontained.

The LBB assumes that any administrative or logistical costs associated with implementing this notice requirement can be absorbed using existing resources within the affected agencies, including TPWD and the Texas A&M Forest Service. No new funding or staffing is anticipated as necessary for compliance.

Additionally, the bill does not impose any new responsibilities or financial burdens on local governments, and therefore, no fiscal implications to local units of government are expected.

Vote Recommendation Notes

HB 1905 presents a practical and safety-focused measure that seeks to improve interagency coordination in the use of prescribed burns—a critical land management and wildfire prevention tool. By requiring the Texas Parks and Wildlife Department (TPWD) to notify the Texas A&M Forest Service at least 30 days prior to a prescribed burn and request pre-positioning of equipment, the bill enhances the state’s ability to respond quickly and effectively in the event of an uncontrolled fire. This reflects sound governance and a proactive approach to environmental stewardship and public safety.

The bill aligns well with core liberty principles such as personal responsibility and private property rights, by encouraging careful planning and minimizing the risk of accidental harm to adjacent landowners. Additionally, it does not increase the size or scope of government, impose any new taxes, or regulate individuals or private businesses, making it fiscally responsible and limited in its reach. The fiscal note confirms that the bill’s requirements can be absorbed with existing agency resources, with no anticipated cost to local governments or taxpayers.

However, to preserve operational flexibility and avoid unintended bureaucratic delays, the bill should be amended. Specifically, it would benefit from provisions allowing emergency exemptions or expedited coordination in urgent situations and clarifying that the request for equipment pre-positioning is non-binding. These amendments would better align the bill with the principle of limited government, ensuring it achieves its intended safety outcomes without introducing inefficiency or overreach.

In summary, HB 1905 is a well-intentioned and constructive piece of legislation. Texas Policy Research recommends that lawmakers vote YES on HB 1905, but also suggests they consider amendments as described above to ensure it remains effective, efficient, and appropriately restrained.

  • Individual Liberty: The bill does not infringe upon individual freedoms or constitutional rights. It applies solely to actions taken by a state agency (the Texas Parks and Wildlife Department) and imposes no restrictions or obligations on individuals, landowners, or private actors. Thus, the principle of individual liberty remains unaffected.
  • Personal Responsibility: The bill reflects and promotes this principle by requiring TPWD to take proactive steps in planning prescribed burns, including notifying the Texas A&M Forest Service and requesting that equipment be positioned in case a burn becomes uncontained. This fosters a culture of accountability within government operations, ensuring the state acts responsibly when conducting potentially hazardous land management activities.
  • Free Enterprise: The bill does not regulate private enterprise directly. However, a rigid 30-day notice requirement could indirectly affect operations involving private contractors or ranchers who coordinate with TPWD or rely on state-managed lands. If not carefully implemented, it could create delays in prescribed burns that are critical to agricultural and ecological practices. An amendment allowing for flexibility in time-sensitive situations would help prevent potential interference with market-based land management solutions.
  • Private Property Rights: By aiming to reduce the risk of prescribed burns becoming uncontained, the bill provides greater protection to adjacent private property owners. Wildfire containment failures can result in costly and devastating losses to private land, livestock, and infrastructure. Requiring coordination and equipment readiness supports the safeguarding of private property, enhancing this liberty principle.
  • Limited Government: The bill does not expand the government’s authority or size, but it does impose a new procedural requirement on a state agency. While this is not inherently at odds with limited government, there is a fine line between coordination and overregulation. To remain consistent with this principle, the bill should be amended to ensure the notification and equipment request process is flexible, efficient, and not overly prescriptive. This would prevent the creation of unnecessary red tape while still achieving the bill’s safety goals.
References


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