Bill Text: TX HB2053 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to individuals and organizations providing certain services and liability in connection with prescribed burns.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2053 Detail]
Download: Texas-2019-HB2053-Enrolled.html
H.B. No. 2053 |
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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[ |
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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 [ |
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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 [ |
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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[ |
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prescribed burn manager is present on site during the conduct of the | ||
prescribed burn; [ |
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(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 [ |
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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[ |
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prescribed burn manager[ |
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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)[ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2053 was passed by the House on April | ||
18, 2019, by the following vote: Yeas 133, Nays 1, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2053 on May 24, 2019, by the following vote: Yeas 140, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2053 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |