Texas Natural Resources Code

§ 153.083 — LIABILITY REGARDING CERTAIN PRESCRIBED BURNS

NR § 153.083Title 6. TIMBER · Ch. 153. PRESCRIBED BURNING · Art. C. LIMITATIONS ON LIABILITY

Statute text

(a)In this section, "burn boss" means an individual responsible for directing a prescribed burn under a written prescription plan described by Section 153.047.

(b)Except as provided by Subsection (c), if a prescribed burn is conducted in accordance with a written prescription plan described by Subsection (d) and Section 153.047, a person may be held liable for property damage, personal injury, or death caused by or resulting from the burn only if the person:

(1)is the burn boss; and

(2)is otherwise liable under other law.

(c)Subject to Sections 153.081 and 153.082, a person other than the burn boss, including a person assisting or acting under the direction of the burn boss, may be held liable for property damage, personal injury, or death caused by or resulting from the burn only if the person:

(1)commits gross negligence or intentionally causes the property damage, personal injury, or death; and

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Legislative history

Added by Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 5, eff. September 1, 2019.