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A BILL TO BE ENTITLED
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AN ACT
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relating to liability arising from certain prescribed burning |
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activity. |
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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 by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Subject to Section 153.082, and except as provided by |
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Subsection (a-1), an owner, lessee, or occupant of agricultural or |
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conservation land is not liable for property damage or for injury or |
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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: |
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(1) under the supervision of a certified and insured |
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prescribed burn manager; or |
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(2) by the members of a prescribed burning |
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organization. |
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(a-1) The limitation of liability provided by Subsection |
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(a) does not apply to prescribed burning that is conducted in a |
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manner found to be grossly negligent. For purposes of this |
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subsection, prescribed burning is conducted in a grossly negligent |
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manner if the conduct is so reckless or wanting in care that it |
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constitutes a conscious disregard or indifference to the life, |
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safety, or rights of a person exposed to the conduct. |
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SECTION 2. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |