HB 801

84(R) - 2015
House Culture, Recreation & Tourism
House Culture, Recreation & Tourism
Parks and Wildlife
Property Rights

Vote Recommendation

  • Neutral
  • Positive
  • Positive
  • Neutral
  • Neutral


Ken King

Bill Caption

Relating to planning for the use of and liability resulting from prescribed burns by the Parks and Wildlife Department.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 801 would require the Parks and Wildlife Commission to implement a general plan for using prescribed burns to manage state owned land. The general plan must include: the standards for a prescribed burn; approval from specified government agencies; adequate notice given to certain groups such as neighboring landowners next to a specified burn site.  

Additionally, HB 801 would make the Texas Parks and Wildlife Department (TPWD) liable for bodily injuries, deaths, or property damages that may occur during a prescribed burn. 

Vote Recommendation Notes

The Senate Agriculture, Water & Rural Affairs Committee made non-substantive changes to this bill. Our position on HB 801 remains in support. 

Senate chamber sponsor: Eltife 

First chamber analysis: 

HB 801 supports our principle of personal responsibility because it holds TPWD liable for its actions when it conducts a prescribed burn on government land.  Moreover, this legislation supports private property rights because it gives land owners and individuals legal recourse in case a prescribed burn causes bodily harm or damages property.