| 1 | | - | H.B. No. 222 |
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| 1 | + | By: Murr (Senate Sponsor - Springer) H.B. No. 222 |
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| 2 | + | (In the Senate - Received from the House April 19, 2021; |
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| 3 | + | May 13, 2021, read first time and referred to Committee on |
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| 4 | + | Jurisprudence; May 21, 2021, reported favorably by the following |
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| 5 | + | vote: Yeas 5, Nays 0; May 21, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to liability of burn bosses in connection with certain |
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| 6 | 12 | | prescribed burns. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Subchapter C, Chapter 153, Natural Resources |
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| 9 | 15 | | Code, is amended by adding Section 153.084 to read as follows: |
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| 10 | 16 | | Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In |
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| 11 | 17 | | this section, "burn boss" has the meaning assigned by Section |
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| 12 | 18 | | 153.083. |
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| 13 | 19 | | (b) Except as provided by Subsection (c), a burn boss is not |
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| 14 | 20 | | liable for property damage, personal injury, or death caused by or |
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| 15 | 21 | | resulting from the burn in excess of the insurance requirements |
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| 16 | 22 | | established by the board for certified and insured prescribed burn |
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| 17 | 23 | | managers under Section 153.046 if the burn boss: |
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| 18 | 24 | | (1) has completed an accredited prescribed burning |
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| 19 | 25 | | training course approved by the board; |
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| 20 | 26 | | (2) has satisfied the minimum experience requirements |
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| 21 | 27 | | prescribed by the board; and |
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| 22 | 28 | | (3) has liability insurance coverage equal to or in |
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| 23 | 29 | | excess of the amounts provided by Section 153.082(1). |
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| 24 | 30 | | (c) This section does not apply to a burn boss who commits |
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| 25 | 31 | | gross negligence or intentionally causes property damage, personal |
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| 26 | 32 | | injury, or death. |
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| 27 | 33 | | SECTION 2. Section 153.084, Natural Resources Code, as |
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| 28 | 34 | | added by this Act, applies only to a cause of action that accrues on |
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| 29 | 35 | | or after the effective date of this Act. |
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| 30 | 36 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 31 | | - | ______________________________ ______________________________ |
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| 32 | | - | President of the Senate Speaker of the House |
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| 33 | | - | I certify that H.B. No. 222 was passed by the House on April |
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| 34 | | - | 16, 2021, by the following vote: Yeas 144, Nays 1, 2 present, not |
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| 35 | | - | voting. |
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| 36 | | - | ______________________________ |
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| 37 | | - | Chief Clerk of the House |
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| 38 | | - | I certify that H.B. No. 222 was passed by the Senate on May |
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| 39 | | - | 27, 2021, by the following vote: Yeas 31, Nays 0. |
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| 40 | | - | ______________________________ |
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| 41 | | - | Secretary of the Senate |
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| 42 | | - | APPROVED: _____________________ |
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| 43 | | - | Date |
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| 44 | | - | _____________________ |
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| 45 | | - | Governor |
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| 37 | + | * * * * * |
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