Bill Text: TX HB2004 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to a limitation on liability and sanctions in connection with certain prescribed burns.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2021-06-07 - Effective on 9/1/21 [HB2004 Detail]
Download: Texas-2021-HB2004-Enrolled.html
| H.B. No. 2004 | ||
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| relating to a limitation on liability and sanctions in connection | ||
| with certain prescribed burns. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 153, Natural Resources | ||
| Code, is amended by adding Section 153.084 to read as follows: | ||
| Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In | ||
| this section, "burn boss" has the meaning assigned by Section | ||
| 153.083. | ||
| (b) Except as provided by Subsection (c), if a burn boss is a | ||
| certified and insured prescribed burn manager under Section | ||
| 153.048, the burn boss is not liable for property damage, personal | ||
| injury, or death caused by or resulting from smoke that occurs more | ||
| than 300 feet from the burn. | ||
| (c) This section does not apply to a burn boss who commits | ||
| gross negligence or intentionally causes property damage, personal | ||
| injury, or death. | ||
| SECTION 2. Subchapter D, Chapter 153, Natural Resources | ||
| Code, is amended by adding Section 153.1025 to read as follows: | ||
| Sec. 153.1025. CERTAIN DISCIPLINARY ACTION PROHIBITED. | ||
| Notwithstanding Section 153.102 or any other law, the department or | ||
| another state agency may not take disciplinary action against a | ||
| certified and insured prescribed burn manager in relation to a | ||
| prescribed burn conducted in accordance with this chapter on the | ||
| basis that the burn resulted in emissions or is a nuisance. | ||
| SECTION 3. Section 153.084, Natural Resources Code, as | ||
| added by this Act, applies only to a cause of action that accrues on | ||
| or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2004 was passed by the House on April | ||
| 13, 2021, by the following vote: Yeas 147, Nays 1, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2004 was passed by the Senate on May | ||
| 19, 2021, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
