|
|
|
|
AN ACT
|
|
relating to liability of burn bosses in connection with certain |
|
prescribed burns. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter C, Chapter 153, Natural Resources |
|
Code, is amended by adding Section 153.084 to read as follows: |
|
Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In |
|
this section, "burn boss" has the meaning assigned by Section |
|
153.083. |
|
(b) Except as provided by Subsection (c), a burn boss is not |
|
liable for property damage, personal injury, or death caused by or |
|
resulting from the burn in excess of the insurance requirements |
|
established by the board for certified and insured prescribed burn |
|
managers under Section 153.046 if the burn boss: |
|
(1) has completed an accredited prescribed burning |
|
training course approved by the board; |
|
(2) has satisfied the minimum experience requirements |
|
prescribed by the board; and |
|
(3) has liability insurance coverage equal to or in |
|
excess of the amounts provided by Section 153.082(1). |
|
(c) This section does not apply to a burn boss who commits |
|
gross negligence or intentionally causes property damage, personal |
|
injury, or death. |
|
SECTION 2. Section 153.084, Natural Resources Code, as |
|
added by this Act, applies only to a cause of action that accrues on |
|
or after the effective date of this Act. |
|
SECTION 3. This Act takes effect September 1, 2021. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 222 was passed by the House on April |
|
16, 2021, by the following vote: Yeas 144, Nays 1, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 222 was passed by the Senate on May |
|
27, 2021, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |