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
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. |
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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. |