By: Murr (Senate Sponsor - Flores) H.B. No. 2053
         (In the Senate - Received from the House April 23, 2019;
  April 29, 2019, read first time and referred to Committee on Water &
  Rural Affairs; May 19, 2019, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 19, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2053 By:  Rodríguez
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to individuals and organizations providing certain
  services and liability in connection with prescribed burns.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 352.081(f), Local Government Code, is
  amended to read as follows:
         (f)  This section does not apply to outdoor burning
  activities:
               (1)  related to public health and safety that are
  authorized by the Texas Commission on Environmental Quality for:
                     (A)  firefighter training;
                     (B)  public utility, natural gas pipeline, or
  mining operations; or
                     (C)  planting or harvesting of agriculture crops;
  or
               (2)  that are conducted by a certified and insured
  prescribed burn manager certified under Section 153.048, Natural
  Resources Code, and meet the standards of Section 153.047, Natural
  Resources Code[; or
               [(3)     that are conducted by the members of a prescribed
  burning organization under the conditions provided by Section
  153.049, Natural Resources Code, and meet the standards of Section
  153.047, Natural Resources Code].
         SECTION 2.  Sections 153.004, 153.046, and 153.047, Natural
  Resources Code, are amended to read as follows:
         Sec. 153.004.  PRESCRIBED BURNING IN STATE OF EMERGENCY OR
  DISASTER. A certified and insured prescribed burn manager [or the
  members of a prescribed burning organization] may conduct a burn in
  a county in which a state of emergency or state of disaster has been
  declared by the governor or the president of the United States,
  unless the declaration expressly prohibits all outdoor burning.
         Sec. 153.046.  DUTIES. The board shall:
               (1)  establish standards for prescribed burning;
               (2)  develop a comprehensive training curriculum for
  certified and insured prescribed burn managers;
               (3)  establish standards for certification,
  recertification, and training for certified and insured prescribed
  burn managers;
               (4)  establish minimum education and professional
  requirements for instructors for the approved curriculum; and
               (5)  establish insurance requirements for certified
  and insured prescribed burn managers in amounts not less than those
  required by Section 153.082 [; and
               [(6)     establish minimum insurance requirements for
  prescribed burning organizations].
         Sec. 153.047.  PRESCRIBED BURNING STANDARDS. Minimum
  standards established by the board for prescribed burning must:
               (1)  ensure that prescribed burning is the controlled
  application of fire to naturally occurring or naturalized
  vegetative fuels under specified environmental conditions in
  accordance with a written prescription plan:
                     (A)  designed to confine the fire to a
  predetermined area and to accomplish planned land management
  objectives; and
                     (B)  that conforms to the standards established
  under this section;
               (2)  require that[:
                     [(A)] at least one certified and insured
  prescribed burn manager is present on site during the conduct of the
  prescribed burn; [or
                     [(B)     the burn be conducted by the members of a
  prescribed burning organization;]
               (3)  establish appropriate guidelines for size of
  burning crews sufficient to:
                     (A)  conduct the burn in accordance with the
  prescription plan; and
                     (B)  provide adequate protection for the safety of
  persons and of adjacent property;
               (4)  include standards for notification to adjacent
  land owners, the Texas Commission on Environmental Quality, and
  local fire authorities; and
               (5)  include minimum insurance requirements for
  certified and insured prescribed burn managers [and prescribed
  burning organizations].
         SECTION 3.  Section 153.081(a), Natural Resources Code, is
  amended to read as follows:
         (a)  Subject to Section 153.082, an owner, lessee, or
  occupant of agricultural or conservation land is not liable for
  property damage or for injury or death to persons caused by or
  resulting from prescribed burning conducted on the land owned by,
  leased by, or occupied by the person if the prescribed burning is
  conducted[:
               [(1)] under the supervision of a certified and insured
  prescribed burn manager[; or
               [(2)     by the members of a prescribed burning
  organization].
         SECTION 4.  Section 153.082, Natural Resources Code, is
  amended to read as follows:
         Sec. 153.082.  INSURANCE. The limitation on liability under
  Section 153.081 does not apply to an owner, lessee, or occupant of
  agricultural or conservation land unless:
               (1)  the burn is conducted under the supervision of a
  certified and insured prescribed burn manager who has liability
  insurance coverage:
                     (A)  of at least $1 million for each single
  occurrence of bodily injury or death, or injury to or destruction of
  property; and
                     (B)  with a policy period minimum aggregate limit
  of at least $2 million; or
               (2)  the owner, lessee, or occupant is a governmental
  unit, as that term is defined by Section 2259.001, Government Code,
  that has a self-insurance program that provides the amount of
  coverage required by Subdivision (1)[; or
               [(3)     the burn is conducted by the members of a
  prescribed burning organization that has insurance coverage in an
  amount not less than the amount established by the board under
  Section 153.046].
         SECTION 5.  Subchapter C, Chapter 153, Natural Resources
  Code, is amended by adding Section 153.083 to read as follows:
         Sec. 153.083.  LIABILITY REGARDING CERTAIN PRESCRIBED
  BURNS. (a) In this section, "burn boss" means an individual
  responsible for directing a prescribed burn under a written
  prescription plan described by Section 153.047.
         (b)  Except as provided by Subsection (c), if a prescribed
  burn is conducted in accordance with a written prescription plan
  described by Subsection (d) and Section 153.047, a person may be
  held liable for property damage, personal injury, or death caused
  by or resulting from the burn only if the person:
               (1)  is the burn boss; and
               (2)  is otherwise liable under other law.
         (c)  Subject to Sections 153.081 and 153.082, a person other
  than the burn boss, including a person assisting or acting under the
  direction of the burn boss, may be held liable for property damage,
  personal injury, or death caused by or resulting from the burn only
  if the person:
               (1)  commits gross negligence or intentionally causes
  the property damage, personal injury, or death; and
               (2)  is otherwise liable under other law.
         (d)  For purposes of this section, if the burn boss is not the
  owner, lessee, or occupant of the land on which the burn is
  conducted, the written prescription plan must include:
               (1)  the signature of:
                     (A)  the burn boss; or
                     (B)  the owner, lessee, or occupant of the land on
  which the burn is conducted; and
               (2)  a contract acknowledging liability.
         (e)  Nothing in this section may be construed to create a
  cause of action or to create a standard of care, obligation, or duty
  that forms the basis of a cause of action.
         SECTION 6.  Sections 153.001(3) and 153.049, Natural
  Resources Code, are repealed.
         SECTION 7.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act.  A cause of action that accrues before the effective date
  of this Act is governed by the law applicable to the cause of action
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2019.
 
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