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AN ACT
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relating to a limitation on liability and sanctions in connection |
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with certain prescribed burns. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 153, Natural Resources |
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Code, is amended by adding Section 153.084 to read as follows: |
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Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In |
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this section, "burn boss" has the meaning assigned by Section |
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153.083. |
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(b) Except as provided by Subsection (c), if a burn boss is a |
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certified and insured prescribed burn manager under Section |
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153.048, the burn boss is not liable for property damage, personal |
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injury, or death caused by or resulting from smoke that occurs more |
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than 300 feet from the burn. |
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(c) This section does not apply to a burn boss who commits |
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gross negligence or intentionally causes property damage, personal |
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injury, or death. |
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SECTION 2. Subchapter D, Chapter 153, Natural Resources |
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Code, is amended by adding Section 153.1025 to read as follows: |
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Sec. 153.1025. CERTAIN DISCIPLINARY ACTION PROHIBITED. |
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Notwithstanding Section 153.102 or any other law, the department or |
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another state agency may not take disciplinary action against a |
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certified and insured prescribed burn manager in relation to a |
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prescribed burn conducted in accordance with this chapter on the |
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basis that the burn resulted in emissions or is a nuisance. |
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SECTION 3. Section 153.084, Natural Resources Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2004 was passed by the House on April |
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13, 2021, by the following vote: Yeas 147, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2004 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |