Texas 2021 - 87th Regular

Texas House Bill HB222

Caption

Relating to liability of burn bosses in connection with certain prescribed burns.

Summary

House Bill 222 aims to address the liability of burn bosses conducting prescribed burns. The legislation establishes that a burn boss, defined as a certified and insured individual overseeing prescribed burns, is not liable for damages or injuries resulting from such burns, provided certain criteria are met. These criteria include completing an accredited training course, meeting experience requirements, and maintaining specified levels of liability insurance. This measure is intended to encourage the practice of prescribed burning as a land management tool by reducing the financial risk associated with the role of burn bosses. The impact of HB 222 on state laws is significant, as it alters the legal landscape regarding liability in relation to prescribed burns. By limiting liability for burn bosses, the bill seeks to promote more widespread adoption of prescribed burning practices, which are often key for environmental management, including wildfire prevention and habitat improvement. It is an attempt to balance the need for effective land management with the protection of individuals and properties from potential hazards associated with fire practices. The general sentiment around HB 222 appears to be supportive, particularly among agriculture and environmental management stakeholders who argue that the bill could encourage responsible use of fire as a land management technique. By mitigating liabilities, it can lead to increased participation in prescribed burning programs, potentially leading to better land conservation outcomes. However, some concerns were raised regarding the implications for public safety and accountability, particularly in cases where gross negligence might occur, which is explicitly excluded from the liability limitations. Notable points of contention include the balance of public safety with the encouragement of prescribed burns. While supporters emphasize the environmental benefits, critics argue that the reduction in liability could lead to less cautious behavior among burn bosses. Ensuring that burn bosses are adequately trained and insured remains essential to address these concerns. Overall, HB 222 represents a proactive step towards enhancing land management practices in Texas while also prompting discussions on the accountability of those managing fire-related activities.

Companion Bills

No companion bills found.

Previously Filed As

TX HB162

Relating to minimum standards for prescribed burns.

TX SB815

Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.

TX HB73

Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.

TX HB2432

Relating to the liability of an owner, lessee, or occupant of real property in connection with the use of or entry onto the property.

TX HB3105

Relating to establishment of the temporary prescribed burn manager self-insurance pool; authorizing a fee.

TX HB356

Relating to the civil liability of certain businesses in connection with allowing concealed handguns on the business premises.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB2636

Relating to liability of a recreational vehicle park or campground entity for injuries arising from certain activities.

TX HB4218

Relating to liability related to a duty to retrofit certain rented or leased motor vehicles with safety devices.

TX HB27

Relating to protection of employers from liability and certain other penalties in connection with the provision of employee benefits.

Similar Bills

No similar bills found.