Texas House Bill HB1091

Texas 2017 - 85th Regular

Caption

Relating to liability arising from certain prescribed burning activity.

Impact

The reform proposed in HB 1091 has significant implications for how prescribed burns are coordinated and managed across Texas. By establishing clear liability protections, it seeks to promote prescribed burning as a viable land management tool, essential for maintaining healthy ecosystems and reducing wildfire risks. Nevertheless, the bill does include an important caveat: it explicitly states that these liability protections do not extend to cases of gross negligence, thus maintaining accountability for reckless actions that pose a danger to public safety.

Summary

House Bill 1091 addresses liability issues related to prescribed burning activities conducted on agricultural and conservation lands in Texas. The bill stipulates that landowners, lessees, or occupants are generally not held liable for property damage or personal injury arising from such activities, provided that the burning is supervised by a certified and insured prescribed burn manager or conducted by members of a prescribed burning organization. This aims to encourage the responsible use of controlled burns while reducing legal risks for landowners engaging in these practices.

Contention

Notably, while HB 1091 aims to facilitate prescribed burning, there may be concerns regarding its enforceability and the definition of 'gross negligence.' Critics may argue that the subjective nature of negligence could lead to disputes over liability in specific incidents of prescribed burning. Ensuring compliance with safety protocols remains a key consideration, as the absence of sufficient oversight could potentially lead to accidents, thereby raising questions about the adequacy of the existing provisions under the bill.