H.B. No. 2053
AN ACT
relating to individuals and organizations providing certain
services and liability in connection with prescribed burns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 352.081(f), Local Government Code, is
amended to read as follows:
(f) This section does not apply to outdoor burning
activities:
(1) related to public health and safety that are
authorized by the Texas Commission on Environmental Quality for:
(A) firefighter training;
(B) public utility, natural gas pipeline, or
mining operations; or
(C) planting or harvesting of agriculture crops;
or
(2) that are conducted by a certified and insured
prescribed burn manager certified under Section 153.048, Natural
Resources Code, and meet the standards of Section 153.047, Natural
Resources Code[; or
[(3) that are conducted by the members of a prescribed
burning organization under the conditions provided by Section
153.049, Natural Resources Code, and meet the standards of Section
153.047, Natural Resources Code].
SECTION 2. Sections 153.004, 153.046, and 153.047, Natural
Resources Code, are amended to read as follows:
Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR
DISASTER. A certified and insured prescribed burn manager [or the
members of a prescribed burning organization] may conduct a burn in
a county in which a state of emergency or state of disaster has been
declared by the governor or the president of the United States,
unless the declaration expressly prohibits all outdoor burning.
Sec. 153.046. DUTIES. The board shall:
(1) establish standards for prescribed burning;
(2) develop a comprehensive training curriculum for
certified and insured prescribed burn managers;
(3) establish standards for certification,
recertification, and training for certified and insured prescribed
burn managers;
(4) establish minimum education and professional
requirements for instructors for the approved curriculum; and
(5) establish insurance requirements for certified
and insured prescribed burn managers in amounts not less than those
required by Section 153.082 [; and
[(6) establish minimum insurance requirements for
prescribed burning organizations].
Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum
standards established by the board for prescribed burning must:
(1) ensure that prescribed burning is the controlled
application of fire to naturally occurring or naturalized
vegetative fuels under specified environmental conditions in
accordance with a written prescription plan:
(A) designed to confine the fire to a
predetermined area and to accomplish planned land management
objectives; and
(B) that conforms to the standards established
under this section;
(2) require that[:
[(A)] at least one certified and insured
prescribed burn manager is present on site during the conduct of the
prescribed burn; [or
[(B) the burn be conducted by the members of a
prescribed burning organization;]
(3) establish appropriate guidelines for size of
burning crews sufficient to:
(A) conduct the burn in accordance with the
prescription plan; and
(B) provide adequate protection for the safety of
persons and of adjacent property;
(4) include standards for notification to adjacent
land owners, the Texas Commission on Environmental Quality, and
local fire authorities; and
(5) include minimum insurance requirements for
certified and insured prescribed burn managers [and prescribed
burning organizations].
SECTION 3. Section 153.081(a), Natural Resources Code, is
amended to read as follows:
(a) Subject to Section 153.082, an owner, lessee, or
occupant of agricultural or conservation land is not liable for
property damage or for injury or death to persons caused by or
resulting from prescribed burning conducted on the land owned by,
leased by, or occupied by the person if the prescribed burning is
conducted[:
[(1)] under the supervision of a certified and insured
prescribed burn manager[; or
[(2) by the members of a prescribed burning
organization].
SECTION 4. Section 153.082, Natural Resources Code, is
amended to read as follows:
Sec. 153.082. INSURANCE. The limitation on liability under
Section 153.081 does not apply to an owner, lessee, or occupant of
agricultural or conservation land unless:
(1) the burn is conducted under the supervision of a
certified and insured prescribed burn manager who has liability
insurance coverage:
(A) of at least $1 million for each single
occurrence of bodily injury or death, or injury to or destruction of
property; and
(B) with a policy period minimum aggregate limit
of at least $2 million; or
(2) the owner, lessee, or occupant is a governmental
unit, as that term is defined by Section 2259.001, Government Code,
that has a self-insurance program that provides the amount of
coverage required by Subdivision (1)[; or
[(3) the burn is conducted by the members of a
prescribed burning organization that has insurance coverage in an
amount not less than the amount established by the board under
Section 153.046].
SECTION 5. Subchapter C, Chapter 153, Natural Resources
Code, is amended by adding Section 153.083 to read as follows:
Sec. 153.083. LIABILITY REGARDING CERTAIN PRESCRIBED
BURNS. (a) In this section, "burn boss" means an individual
responsible for directing a prescribed burn under a written
prescription plan described by Section 153.047.
(b) Except as provided by Subsection (c), if a prescribed
burn is conducted in accordance with a written prescription plan
described by Subsection (d) and Section 153.047, a person may be
held liable for property damage, personal injury, or death caused
by or resulting from the burn only if the person:
(1) is the burn boss; and
(2) is otherwise liable under other law.
(c) Subject to Sections 153.081 and 153.082, a person other
than the burn boss, including a person assisting or acting under the
direction of the burn boss, may be held liable for property damage,
personal injury, or death caused by or resulting from the burn only
if the person:
(1) commits gross negligence or intentionally causes
the property damage, personal injury, or death; and
(2) is otherwise liable under other law.
(d) For purposes of this section, if the burn boss is not the
owner, lessee, or occupant of the land on which the burn is
conducted, the written prescription plan must include:
(1) the signature of:
(A) the burn boss; or
(B) the owner, lessee, or occupant of the land on
which the burn is conducted; and
(2) a contract acknowledging liability.
(e) Nothing in this section may be construed to create a
cause of action or to create a standard of care, obligation, or duty
that forms the basis of a cause of action.
SECTION 6. Sections 153.001(3) and 153.049, Natural
Resources Code, are repealed.
SECTION 7. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2053 was passed by the House on April
18, 2019, by the following vote: Yeas 133, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2053 on May 24, 2019, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2053 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor