Current as of April 14, 2021 | Updated by FindLaw Staff
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(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 April 14, 2021 | https://codes.findlaw.com/tx/natural-resources-code/nat-res-sect-153-083/
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