| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Neutral | Neutral | Neutral | Neutral | Neutral | Neutral |
Relating to a limitation on liability and sanctions in connection with certain prescribed burns.
No significant fiscal implication to the State is anticipated.
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.
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.