H.B. No. 222
AN ACT
relating to liability of burn bosses in connection with certain
prescribed burns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 153, Natural Resources
Code, is amended by adding Section 153.084 to read as follows:
Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In
this section, "burn boss" has the meaning assigned by Section
153.083.
(b) Except as provided by Subsection (c), a burn boss is not
liable for property damage, personal injury, or death caused by or
resulting from the burn in excess of the insurance requirements
established by the board for certified and insured prescribed burn
managers under Section 153.046 if the burn boss:
(1) has completed an accredited prescribed burning
training course approved by the board;
(2) has satisfied the minimum experience requirements
prescribed by the board; and
(3) has liability insurance coverage equal to or in
excess of the amounts provided by Section 153.082(1).
(c) This section does not apply to a burn boss who commits
gross negligence or intentionally causes property damage, personal
injury, or death.
SECTION 2. Section 153.084, Natural Resources Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 222 was passed by the House on April
16, 2021, by the following vote: Yeas 144, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 222 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor