| 1 | 1 | | By: Watson S.B. No. 764 |
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| 2 | 2 | | (King of Zavala) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a limitation on liability for prescribed burning |
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| 8 | 8 | | conducted on agricultural or conservation land. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 153.081, Natural Resources Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 153.081. LIMITATION OF OWNER LIABILITY. (a) Subject |
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| 13 | 13 | | to Section 153.082, an owner, lessee, or occupant of agricultural |
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| 14 | 14 | | or conservation land is not liable for property damage or for injury |
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| 15 | 15 | | or death to persons caused by or resulting from prescribed burning |
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| 16 | 16 | | conducted on the land owned by, leased by, or occupied by the person |
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| 17 | 17 | | if the prescribed burning is conducted under the supervision of a |
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| 18 | 18 | | certified and insured prescribed burn manager. |
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| 19 | 19 | | (b) This section does not apply to an owner, lessee, or |
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| 20 | 20 | | occupant of agricultural or conservation land who is a certified |
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| 21 | 21 | | and insured prescribed burn manager and conducts a burn on that |
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| 22 | 22 | | land. |
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| 23 | 23 | | (c) In this section, "agricultural or conservation land" |
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| 24 | 24 | | means land that is located in this state and that is suitable for: |
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| 25 | 25 | | (1) use and production of plants and fruits for human |
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| 26 | 26 | | or animal consumption or plants grown for the production of fibers, |
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| 27 | 27 | | floriculture, viticulture, horticulture, or planting seed; |
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| 28 | 28 | | (2) forestry and the growing of trees for the purpose |
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| 29 | 29 | | of rendering those trees into lumber, fiber, or other items used for |
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| 30 | 30 | | industrial, commercial, or personal consumption; |
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| 31 | 31 | | (3) domestic or native farm or ranch animals kept for |
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| 32 | 32 | | use or profit; [or] |
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| 33 | 33 | | (4) management of native or exotic wildlife; or |
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| 34 | 34 | | (5) conservation or management of an ecosystem, a |
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| 35 | 35 | | forest, a habitat, a species, water, or wildlife. |
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| 36 | 36 | | SECTION 2. Section 153.082, Natural Resources Code, is |
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| 37 | 37 | | amended to read as follows: |
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| 38 | 38 | | Sec. 153.082. INSURANCE. The limitation on liability under |
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| 39 | 39 | | Section 153.081 does not apply to an owner, lessee, or occupant of |
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| 40 | 40 | | agricultural or conservation land unless: |
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| 41 | 41 | | (1) the certified and insured prescribed burn manager |
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| 42 | 42 | | conducting a burn on the land has liability insurance coverage: |
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| 43 | 43 | | (A) [(1)] of at least $1 million for each single |
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| 44 | 44 | | occurrence of bodily injury or death, or injury to or destruction of |
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| 45 | 45 | | property; and |
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| 46 | 46 | | (B) [(2)] with a policy period minimum aggregate |
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| 47 | 47 | | limit of at least $2 million; or |
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| 48 | 48 | | (2) the owner, lessee, or occupant is a governmental |
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| 49 | 49 | | unit, as that term is defined by Section 2259.001, Government Code, |
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| 50 | 50 | | that has a self-insurance program that provides the amount of |
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| 51 | 51 | | coverage required by Subdivision (1). |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2013. |
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