Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Texas Natural Resources Code - NAT RES § 153.083. Liability Regarding Certain Prescribed Burns - last updated January 01, 2024 | https://codes.findlaw.com/tx/natural-resources-code/nat-res-sect-153-083/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)