Tex. Nat. Res. Code § 153.083 · Subchapter C. LIMITATIONS ON LIABILITY
LIABILITY REGARDING CERTAIN PRESCRIBED BURNS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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
(2) is otherwise liable under other law.
(d) For purposes of this section, if the burn boss is not the owner, lessee, or occupant of the land on which the burn is conducted, the written prescription plan must include:
(1) the signature of:
(A) the burn boss; or
(B) the owner, lessee, or occupant of the land on which the burn is conducted; and
(2) a contract acknowledging liability.
(e) Nothing in this section may be construed to create a cause of action or to create a standard of care, obligation, or duty that forms the basis of a cause of action.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 5, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/NR/htm/NR.153.htm
- Text hash
- sha256 8e40d88c8b56c4c33397264697fdf6fcb1ab3631bf2a9220780f722e315a5686
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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