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.