Bill

HB 2004

87(R) - 2021
House Agriculture & Livestock
Senate Water, Agriculture, and Rural Affairs
House Agriculture & Livestock
Senate Water, Agriculture, and Rural Affairs
Natural Resources
Liabilities
Civil Remedies

Contact the Author

Trent Ashby

Phone:

512-463-0508

Capitol Office:

E2.808

Email:

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Trent Ashby
Charles Anderson
Ernest Bailes
Steve Toth
James White

Co-Author(s)

John Cyrier

Sponsor(s)

Robert Nichols

Bill Caption

Relating to a limitation on liability and sanctions in connection with certain prescribed burns.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 2004 would protect a burn boss who is a certified and insured prescribed burn manager from liability for property damage, personal injury, or death caused by or resulting from the smoke that occurs more than 300 feet from the burn. This protection from liability does not apply to a burn boss who commits gross negligence or intentionally causes property damage, personal injury, or death. This bill would prohibit a state agency from taking disciplinary action against a certified and insured prescribed burn manager just because a burn caused emissions or a nuisance.

Vote Recommendation Notes

Guarding against frivolous lawsuits is laudable, however we have no basis to determine at which distance from a burn a smoke-related injury is or is not frivolous. With that in mind, Texas Action is neutral on HB 2004 as this bill as it does not impact our liberty principles. 

Contact the Author

Trent Ashby

Phone:

512-463-0508

Capitol Office:

E2.808

Email: