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Relating to organizations providing certain services and liability in connection with prescribed burns.
No significant fiscal implication to the State is anticipated.
HB 2053 would clarify the matter of liability relating to prescribed burns. This bill would authorize a "burn boss" who is responsible for directing a prescribed burn under a written prescription plan to be held liable for property damage, personal injury, or death caused by or resulting from the burn only if the burn boss is otherwise liable under the law. A person, other than the burn boss, subject to certain statutory limitations, would be held liable only if the person commits gross negligence or intentionally causes the property damage, personal injury, or death and is otherwise liable under other law.
Additionally, the bill would add requirements for the written prescription plan for the burn, and would prohibit provisions relating to prescribed burn liability from being construed to create a cause of action or standard of care that forms the basis of a cause of action.
Texas Action remains neutral on SB 2053 because it does not affect our liberty principles.