Bill Text: TX HB2004 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
  87R10042 SCL-D
 
  By: Ashby, White, Bailes, Anderson, Toth, H.B. No. 2004
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
feedback