By Rabuck                                       H.B. No. 1220

      75R3517 SMH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the immunity from liability of the Texas Forest Service

 1-3     and its employees for damage, injury, or death caused by controlled

 1-4     burning planned, conducted, or supervised by the service.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter B, Chapter 88, Education Code, is

 1-7     amended by adding Section 88.121 to read as follows:

 1-8           Sec. 88.121.  IMMUNITY FROM LIABILITY.  (a) The Texas Forest

 1-9     Service and an employee of the  service who plans, conducts, or

1-10     supervises controlled burning in the course and scope of the

1-11     person's employment are immune from liability for any property

1-12     damage, personal injury, or death proximately caused by the burning

1-13     unless the damage, injury, or death is caused by the employee's

1-14     negligence.

1-15           (b)  In this section, "controlled burning" has the meaning

1-16     assigned that term by Section 28.01, Penal Code.

1-17           SECTION 2.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended,

1-22     and that this Act take effect and be in force from and after its

1-23     passage, and it is so enacted.