| 1 | | - | H.B. No. 2004 |
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| 1 | + | By: Ashby, et al. (Senate Sponsor - Nichols) H.B. No. 2004 |
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| 2 | + | (In the Senate - Received from the House April 13, 2021; |
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| 3 | + | April 14, 2021, read first time and referred to Committee on Water, |
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| 4 | + | Agriculture & Rural Affairs; May 11, 2021, reported favorably by |
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| 5 | + | the following vote: Yeas 6, Nays 0; May 11, 2021, sent to |
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| 6 | + | printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to a limitation on liability and sanctions in connection |
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| 6 | 13 | | with certain prescribed burns. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Subchapter C, Chapter 153, Natural Resources |
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| 9 | 16 | | Code, is amended by adding Section 153.084 to read as follows: |
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| 10 | 17 | | Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In |
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| 11 | 18 | | this section, "burn boss" has the meaning assigned by Section |
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| 12 | 19 | | 153.083. |
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| 13 | 20 | | (b) Except as provided by Subsection (c), if a burn boss is a |
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| 14 | 21 | | certified and insured prescribed burn manager under Section |
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| 15 | 22 | | 153.048, the burn boss is not liable for property damage, personal |
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| 16 | 23 | | injury, or death caused by or resulting from smoke that occurs more |
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| 17 | 24 | | than 300 feet from the burn. |
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| 18 | 25 | | (c) This section does not apply to a burn boss who commits |
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| 19 | 26 | | gross negligence or intentionally causes property damage, personal |
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| 20 | 27 | | injury, or death. |
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| 21 | 28 | | SECTION 2. Subchapter D, Chapter 153, Natural Resources |
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| 22 | 29 | | Code, is amended by adding Section 153.1025 to read as follows: |
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| 23 | 30 | | Sec. 153.1025. CERTAIN DISCIPLINARY ACTION PROHIBITED. |
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| 24 | 31 | | Notwithstanding Section 153.102 or any other law, the department or |
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| 25 | 32 | | another state agency may not take disciplinary action against a |
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| 26 | 33 | | certified and insured prescribed burn manager in relation to a |
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| 27 | 34 | | prescribed burn conducted in accordance with this chapter on the |
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| 28 | 35 | | basis that the burn resulted in emissions or is a nuisance. |
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| 29 | 36 | | SECTION 3. Section 153.084, Natural Resources Code, as |
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| 30 | 37 | | added by this Act, applies only to a cause of action that accrues on |
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| 31 | 38 | | or after the effective date of this Act. |
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| 32 | 39 | | SECTION 4. This Act takes effect September 1, 2021. |
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| 33 | | - | ______________________________ ______________________________ |
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| 34 | | - | President of the Senate Speaker of the House |
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| 35 | | - | I certify that H.B. No. 2004 was passed by the House on April |
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| 36 | | - | 13, 2021, by the following vote: Yeas 147, Nays 1, 1 present, not |
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| 37 | | - | voting. |
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| 38 | | - | ______________________________ |
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| 39 | | - | Chief Clerk of the House |
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| 40 | | - | I certify that H.B. No. 2004 was passed by the Senate on May |
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| 41 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 42 | | - | ______________________________ |
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| 43 | | - | Secretary of the Senate |
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| 44 | | - | APPROVED: _____________________ |
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| 45 | | - | Date |
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| 46 | | - | _____________________ |
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| 47 | | - | Governor |
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| 40 | + | * * * * * |
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