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AN ACT
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relating to a limitation on liability for prescribed burning |
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conducted on agricultural or conservation land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.081, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.081. LIMITATION OF OWNER LIABILITY. (a) Subject |
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to Section 153.082, an owner, lessee, or occupant of agricultural |
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or conservation land is not liable for property damage or for injury |
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or death to persons caused by or resulting from prescribed burning |
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conducted on the land owned by, leased by, or occupied by the person |
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if the prescribed burning is conducted under the supervision of a |
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certified and insured prescribed burn manager. |
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(b) This section does not apply to an owner, lessee, or |
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occupant of agricultural or conservation land who is a certified |
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and insured prescribed burn manager and conducts a burn on that |
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land. |
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(c) In this section, "agricultural or conservation land" |
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means land that is located in this state and that is suitable for: |
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(1) use and production of plants and fruits for human |
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or animal consumption or plants grown for the production of fibers, |
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floriculture, viticulture, horticulture, or planting seed; |
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(2) forestry and the growing of trees for the purpose |
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of rendering those trees into lumber, fiber, or other items used for |
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industrial, commercial, or personal consumption; |
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(3) domestic or native farm or ranch animals kept for |
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use or profit; [or] |
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(4) management of native or exotic wildlife; or |
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(5) conservation or management of an ecosystem, a |
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forest, a habitat, a species, water, or wildlife. |
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SECTION 2. Section 153.082, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.082. INSURANCE. The limitation on liability under |
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Section 153.081 does not apply to an owner, lessee, or occupant of |
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agricultural or conservation land unless: |
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(1) the certified and insured prescribed burn manager |
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conducting a burn on the land has liability insurance coverage: |
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(A) [(1)] of at least $1 million for each single |
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occurrence of bodily injury or death, or injury to or destruction of |
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property; and |
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(B) [(2)] with a policy period minimum aggregate |
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limit of at least $2 million; or |
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(2) the owner, lessee, or occupant is a governmental |
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unit, as that term is defined by Section 2259.001, Government Code, |
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that has a self-insurance program that provides the amount of |
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coverage required by Subdivision (1). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 764 passed the Senate on |
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March 21, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 764 passed the House on |
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May 10, 2013, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |