Natural Resources Code § 153.084

Sec. 153.084. LIMITATION OF BURN BOSS LIABILITY. (a) In this section, "burn boss" has the meaning assigned by Section 153.083. (b) Except as provided by Subsection (c), a burn boss is not liable for property damage, personal injury, or death caused by or resulting from the burn in excess of the insurance requirements established by the board for certified and insured prescribed burn managers under Section 153.046 if the burn boss: (1) has completed an accredited prescribed burning training course approved by the board; (2) has satisfied the minimum experience requirements prescribed by the board; and (3) has liability insurance coverage equal to or in excess of the amounts provided by Section 153.082(1). (b-1) Except as provided by Subsection (c), if a burn boss is a certified and insured prescribed burn manager under Section 153.048, the burn boss is not liable for property damage, personal injury, or death caused by or resulting from smoke that occurs more than 300 feet from the burn. (c) This section does not apply to a burn boss who commits gross negligence or intentionally causes property damage, personal injury, or death. Added by Acts 2021, 87th Leg., R.S., Ch. 330 (H.B. 2004), Sec. 1, eff. September 1, 2021. Added by Acts 2021, 87th Leg., R.S., Ch. 630 (H.B. 222), Sec. 1, eff. September 1, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(32), eff. September 1, 2023. SUBCHAPTER D. COMPLAINTS, ENFORCEMENT, AND PENALTIES