| 1 | 1 | | 85R5842 AJA-D |
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| 2 | 2 | | By: Murr H.B. No. 1091 |
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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 liability arising from certain prescribed burning |
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| 8 | 8 | | activity. |
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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 by amending Subsection (a) and adding Subsection (a-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) Subject to Section 153.082, and except as provided by |
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| 14 | 14 | | Subsection (a-1), an owner, lessee, or occupant of agricultural or |
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| 15 | 15 | | conservation land is not liable for property damage or for injury or |
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| 16 | 16 | | death to persons caused by or resulting from prescribed burning |
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| 17 | 17 | | conducted on the land owned by, leased by, or occupied by the person |
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| 18 | 18 | | if the prescribed burning is conducted: |
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| 19 | 19 | | (1) under the supervision of a certified and insured |
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| 20 | 20 | | prescribed burn manager; or |
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| 21 | 21 | | (2) by the members of a prescribed burning |
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| 22 | 22 | | organization. |
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| 23 | 23 | | (a-1) The limitation of liability provided by Subsection |
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| 24 | 24 | | (a) does not apply to prescribed burning that is conducted in a |
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| 25 | 25 | | manner found to be grossly negligent. For purposes of this |
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| 26 | 26 | | subsection, prescribed burning is conducted in a grossly negligent |
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| 27 | 27 | | manner if the conduct is so reckless or wanting in care that it |
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| 28 | 28 | | constitutes a conscious disregard or indifference to the life, |
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| 29 | 29 | | safety, or rights of a person exposed to the conduct. |
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| 30 | 30 | | SECTION 2. The changes in law made by this Act apply only to |
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| 31 | 31 | | a cause of action that accrues on or after the effective date of |
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| 32 | 32 | | this Act. A cause of action that accrued before the effective date |
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| 33 | 33 | | of this Act is governed by the law applicable to the cause of action |
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| 34 | 34 | | immediately before the effective date of this Act, and that law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2017. |
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