Texas 2019 - 86th Regular

Texas House Bill HB2053 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2053
	1	+	By: Murr (Senate Sponsor - Flores) H.B. No. 2053
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2053 By: Rodríguez
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to individuals and organizations providing certain
6	14		services and liability in connection with prescribed burns.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 352.081(f), Local Government Code, is
9	17		amended to read as follows:
10	18		(f) This section does not apply to outdoor burning
11	19		activities:
12	20		(1) related to public health and safety that are
13	21		authorized by the Texas Commission on Environmental Quality for:
14	22		(A) firefighter training;
15	23		(B) public utility, natural gas pipeline, or
16	24		mining operations; or
17	25		(C) planting or harvesting of agriculture crops;
18	26		or
19	27		(2) that are conducted by a certified and insured
20	28		prescribed burn manager certified under Section 153.048, Natural
21	29		Resources Code, and meet the standards of Section 153.047, Natural
22	30		Resources Code[; or
23	31		[(3) that are conducted by the members of a prescribed
24	32		burning organization under the conditions provided by Section
25	33		153.049, Natural Resources Code, and meet the standards of Section
26	34		153.047, Natural Resources Code].
27	35		SECTION 2. Sections 153.004, 153.046, and 153.047, Natural
28	36		Resources Code, are amended to read as follows:
29	37		Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR
30	38		DISASTER. A certified and insured prescribed burn manager [or the
31	39		members of a prescribed burning organization] may conduct a burn in
32	40		a county in which a state of emergency or state of disaster has been
33	41		declared by the governor or the president of the United States,
34	42		unless the declaration expressly prohibits all outdoor burning.
35	43		Sec. 153.046. DUTIES. The board shall:
36	44		(1) establish standards for prescribed burning;
37	45		(2) develop a comprehensive training curriculum for
38	46		certified and insured prescribed burn managers;
39	47		(3) establish standards for certification,
40	48		recertification, and training for certified and insured prescribed
41	49		burn managers;
42	50		(4) establish minimum education and professional
43	51		requirements for instructors for the approved curriculum; and
44	52		(5) establish insurance requirements for certified
45	53		and insured prescribed burn managers in amounts not less than those
46	54		required by Section 153.082 [; and
47	55		[(6) establish minimum insurance requirements for
48	56		prescribed burning organizations].
49	57		Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum
50	58		standards established by the board for prescribed burning must:
51	59		(1) ensure that prescribed burning is the controlled
52	60		application of fire to naturally occurring or naturalized
53	61		vegetative fuels under specified environmental conditions in
54	62		accordance with a written prescription plan:
55	63		(A) designed to confine the fire to a
56	64		predetermined area and to accomplish planned land management
57	65		objectives; and
58	66		(B) that conforms to the standards established
59	67		under this section;
60	68		(2) require that[:
61	69		[(A)] at least one certified and insured
62	70		prescribed burn manager is present on site during the conduct of the
63	71		prescribed burn; [or
64	72		[(B) the burn be conducted by the members of a
65	73		prescribed burning organization;]
66	74		(3) establish appropriate guidelines for size of
67	75		burning crews sufficient to:
68	76		(A) conduct the burn in accordance with the
69	77		prescription plan; and
70	78		(B) provide adequate protection for the safety of
71	79		persons and of adjacent property;
72	80		(4) include standards for notification to adjacent
73	81		land owners, the Texas Commission on Environmental Quality, and
74	82		local fire authorities; and
75	83		(5) include minimum insurance requirements for
76	84		certified and insured prescribed burn managers [and prescribed
77	85		burning organizations].
78	86		SECTION 3. Section 153.081(a), Natural Resources Code, is
79	87		amended to read as follows:
80	88		(a) Subject to Section 153.082, an owner, lessee, or
81	89		occupant of agricultural or conservation land is not liable for
82	90		property damage or for injury or death to persons caused by or
83	91		resulting from prescribed burning conducted on the land owned by,
84	92		leased by, or occupied by the person if the prescribed burning is
85	93		conducted[:
86	94		[(1)] under the supervision of a certified and insured
87	95		prescribed burn manager[; or
88	96		[(2) by the members of a prescribed burning
89	97		organization].
90	98		SECTION 4. Section 153.082, Natural Resources Code, is
91	99		amended to read as follows:
92	100		Sec. 153.082. INSURANCE. The limitation on liability under
93	101		Section 153.081 does not apply to an owner, lessee, or occupant of
94	102		agricultural or conservation land unless:
95	103		(1) the burn is conducted under the supervision of a
96	104		certified and insured prescribed burn manager who has liability
97	105		insurance coverage:
98	106		(A) of at least $1 million for each single
99	107		occurrence of bodily injury or death, or injury to or destruction of
100	108		property; and
101	109		(B) with a policy period minimum aggregate limit
102	110		of at least $2 million; or
103	111		(2) the owner, lessee, or occupant is a governmental
104	112		unit, as that term is defined by Section 2259.001, Government Code,
105	113		that has a self-insurance program that provides the amount of
106	114		coverage required by Subdivision (1)[; or
107	115		[(3) the burn is conducted by the members of a
108	116		prescribed burning organization that has insurance coverage in an
109	117		amount not less than the amount established by the board under
110	118		Section 153.046].
111	119		SECTION 5. Subchapter C, Chapter 153, Natural Resources
112	120		Code, is amended by adding Section 153.083 to read as follows:
113	121		Sec. 153.083. LIABILITY REGARDING CERTAIN PRESCRIBED
114	122		BURNS. (a) In this section, "burn boss" means an individual
115	123		responsible for directing a prescribed burn under a written
116	124		prescription plan described by Section 153.047.
117	125		(b) Except as provided by Subsection (c), if a prescribed
118	126		burn is conducted in accordance with a written prescription plan
119	127		described by Subsection (d) and Section 153.047, a person may be
120	128		held liable for property damage, personal injury, or death caused
121	129		by or resulting from the burn only if the person:
122	130		(1) is the burn boss; and
123	131		(2) is otherwise liable under other law.
124	132		(c) Subject to Sections 153.081 and 153.082, a person other
125	133		than the burn boss, including a person assisting or acting under the
126	134		direction of the burn boss, may be held liable for property damage,
127	135		personal injury, or death caused by or resulting from the burn only
128	136		if the person:
129	137		(1) commits gross negligence or intentionally causes
130	138		the property damage, personal injury, or death; and
131	139		(2) is otherwise liable under other law.
132	140		(d) For purposes of this section, if the burn boss is not the
133	141		owner, lessee, or occupant of the land on which the burn is
134	142		conducted, the written prescription plan must include:
135	143		(1) the signature of:
136	144		(A) the burn boss; or
137	145		(B) the owner, lessee, or occupant of the land on
138	146		which the burn is conducted; and
139	147		(2) a contract acknowledging liability.
140	148		(e) Nothing in this section may be construed to create a
141	149		cause of action or to create a standard of care, obligation, or duty
142	150		that forms the basis of a cause of action.
143	151		SECTION 6. Sections 153.001(3) and 153.049, Natural
144	152		Resources Code, are repealed.
145	153		SECTION 7. The change in law made by this Act applies only
146	154		to a cause of action that accrues on or after the effective date of
147	155		this Act. A cause of action that accrues before the effective date
148	156		of this Act is governed by the law applicable to the cause of action
149	157		immediately before the effective date of this Act, and that law is
150	158		continued in effect for that purpose.
151	159		SECTION 8. This Act takes effect September 1, 2019.
152		-	______________________________ ______________________________
153		-	President of the Senate Speaker of the House
154		-	I certify that H.B. No. 2053 was passed by the House on April
155		-	18, 2019, by the following vote: Yeas 133, Nays 1, 1 present, not
156		-	voting; and that the House concurred in Senate amendments to H.B.
157		-	No. 2053 on May 24, 2019, by the following vote: Yeas 140, Nays 0,
158		-	2 present, not voting.
159		-	______________________________
160		-	Chief Clerk of the House
161		-	I certify that H.B. No. 2053 was passed by the Senate, with
162		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
163		-	0.
164		-	______________________________
165		-	Secretary of the Senate
166		-	APPROVED: __________________
167		-	Date
168		-	__________________
169		-	Governor
	160	+	* * * * *