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AN ACT
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relating to planning for the use of and liability resulting from |
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prescribed burns by the Parks and Wildlife Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Parks and Wildlife Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. PRESCRIBED BURNS |
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Sec. 11.351. DEFINITIONS. In this subchapter: |
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(1) "Landowner" includes any person who owns, has a |
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property interest in, or leases a parcel of privately owned land or |
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improvements on the land. |
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(2) "Utility infrastructure" means any facility owned |
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by: |
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(A) an electric utility as "electric utility" is |
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defined by Section 31.002, Utilities Code; |
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(B) a telecommunications utility as |
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"telecommunications utility" is defined by Section 51.002, |
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Utilities Code; |
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(C) a gas utility as "gas utility" is defined by |
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Section 101.003 or 121.001, Utilities Code; |
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(D) an electric cooperative as "electric |
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cooperative" is defined by Section 11.003, Utilities Code; or |
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(E) a municipally owned utility as "municipally |
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owned utility" is defined by Section 11.003, Utilities Code. |
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Sec. 11.352. APPLICABILITY. This subchapter applies only |
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to prescribed burns conducted by the department on state land |
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managed by the department. |
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Sec. 11.353. GENERAL AND SPECIFIC PLAN REQUIREMENTS. (a) |
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The commission by rule shall adopt and shall require the department |
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to implement a general plan for the use of beneficial prescribed |
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burns in the management of department land. The general plan must |
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include standards that meet or exceed the standards for a |
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prescribed burn set out in Section 153.047, Natural Resources Code. |
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(b) The general plan must include variations as needed for |
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different areas of the state. |
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(c) The general plan must be reviewed by the Prescribed |
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Burning Board within the Department of Agriculture. |
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(d) The department may not conduct a prescribed burn under |
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this subchapter before the general plan has been adopted by the |
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commission. |
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(e) For a particular prescribed burn, a site-specific plan |
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tailored to the designated area must be completed and approved by a |
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person designated by the director to review prescribed burn plans. |
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In addition to any site-specific information required under the |
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general plan, a site-specific plan must include: |
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(1) the planned start and end dates of the prescribed |
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burn; |
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(2) a map of the designated burn area, including the |
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location of any utility infrastructure within the designated burn |
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area; |
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(3) the names and contact numbers for: |
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(A) the prescribed burn manager; |
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(B) the nearest fire departments or emergency |
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service providers; and |
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(C) all landowners whose property neighbors the |
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designated burn area; and |
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(4) written documentation that applicable prescribed |
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burn notification and approval requirements of the Texas Commission |
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on Environmental Quality have been met. |
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Sec. 11.354. NOTICE REQUIREMENTS. (a) The department shall |
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provide adequate advance notice of the department's intent to |
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conduct a prescribed burn to each neighboring landowner and |
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appropriate local officials in the vicinity of the designated burn |
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area, including water utility officials with water facilities |
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within two miles of the prescribed burn. |
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(b) The landowner's notice must include: |
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(1) the planned start and end dates of the prescribed |
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burn; |
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(2) any safety precautions the landowner should take |
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to ensure the safety of the landowner's property before, during, |
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and after the burn; |
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(3) a map of the prescribed burn area, including the |
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location of any utility infrastructure within the designated burn |
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area; |
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(4) the methods proposed for use in conducting the |
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burn; and |
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(5) contact information for the prescribed burn |
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manager and the department. |
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(c) The department shall publish advance notice of a planned |
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prescribed burn in a newspaper of general circulation in the county |
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or counties in which the burn will be conducted. |
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Sec. 11.355. INSURANCE. The department shall purchase |
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liability insurance or establish a self-insurance fund as provided |
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by Subchapter B, Chapter 2259, Government Code, for liability |
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coverage for money damages in the amounts specified by Section |
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153.082, Natural Resources Code, to protect the department and the |
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department's employees against claims under this subchapter |
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resulting from: |
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(1) bodily injury or death resulting from a prescribed |
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burn; or |
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(2) injury to or destruction of property resulting |
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from a prescribed burn. |
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Sec. 11.356. LIABILITY. The department is liable for |
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actual damages for: |
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(1) injury to or destruction of property, bodily |
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injury, or death proximately caused by the wrongful act or omission |
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or the negligence of an employee acting within the scope of |
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employment if: |
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(A) the injury to or destruction of property, |
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bodily injury, or death arises from the escape of fire from a |
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prescribed burn conducted by the department; and |
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(B) the employee would be personally liable to |
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the claimant according to Texas law; |
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(2) injury to or destruction of property, bodily |
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injury, or death so caused by the escape of fire from a prescribed |
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burn conducted by the department if the department would, were it a |
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private person, be liable to the claimant according to Texas law; |
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and |
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(3) injury to or destruction of utility infrastructure |
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caused by a prescribed burn. |
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Sec. 11.357. LIMITATION ON AMOUNT OF LIABILITY. Liability |
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of the department under this subchapter is limited to money damages |
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in an amount not to exceed the amount paid by the insurance provider |
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described by Section 11.355 to the claimant |
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. |
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Sec. 11.358. APPLICATION OF TORT CLAIMS ACT. (a) A claim |
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asserted under this subchapter may not also be asserted against the |
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department under Subchapter B, Chapter 101, Civil Practice and |
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Remedies Code, or against a department employee. |
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(b) Subchapter D, Chapter 101, Civil Practice and Remedies |
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Code, applies to a suit brought under this subchapter. |
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Sec. 11.359. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO |
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SUE. (a) Sovereign immunity to suit is waived and abolished to the |
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extent of liability created by this subchapter. |
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(b) A person having a claim under this subchapter may sue |
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the department for damages allowed by this subchapter. |
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SECTION 2. The Parks and Wildlife Commission shall adopt a |
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general plan for prescribed burns on land managed by the Parks and |
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Wildlife Department as provided by Section 11.353, Parks and |
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Wildlife Code, as added by this Act, not later than January 1, 2016. |
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SECTION 3. This Act applies only to a claim for damages |
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resulting from a prescribed burn conducted by the Parks and |
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Wildlife Department on or after the effective date of this Act. A |
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claim for damages resulting from a prescribed burn conducted by the |
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Parks and Wildlife Department before the effective date of this Act |
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is governed by the law in effect on the first day of the prescribed |
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burn, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 801 was passed by the House on April |
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9, 2015, by the following vote: Yeas 142, Nays 1, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 801 on May 23, 2015, by the following vote: Yeas 129, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 801 was passed by the Senate, with |
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amendments, on May 21, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |