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  S.B. No. 764
 
 
 
 
AN ACT
  relating to a limitation on liability for prescribed burning
  conducted on agricultural or conservation land.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.081, Natural Resources Code, is
  amended to read as follows:
         Sec. 153.081.  LIMITATION OF OWNER LIABILITY. (a) Subject
  to Section 153.082, an owner, lessee, or occupant of agricultural
  or conservation land is not liable for property damage or for injury
  or death to persons caused by or resulting from prescribed burning
  conducted on the land owned by, leased by, or occupied by the person
  if the prescribed burning is conducted under the supervision of a
  certified and insured prescribed burn manager.
         (b)  This section does not apply to an owner, lessee, or
  occupant of agricultural or conservation land who is a certified
  and insured prescribed burn manager and conducts a burn on that
  land.
         (c)  In this section, "agricultural or conservation land"
  means land that is located in this state and that is suitable for:
               (1)  use and production of plants and fruits for human
  or animal consumption or plants grown for the production of fibers,
  floriculture, viticulture, horticulture, or planting seed;
               (2)  forestry and the growing of trees for the purpose
  of rendering those trees into lumber, fiber, or other items used for
  industrial, commercial, or personal consumption;
               (3)  domestic or native farm or ranch animals kept for
  use or profit; [or]
               (4)  management of native or exotic wildlife; or
               (5)  conservation or management of an ecosystem, a
  forest, a habitat, a species, water, or wildlife.
         SECTION 2.  Section 153.082, Natural Resources Code, is
  amended to read as follows:
         Sec. 153.082.  INSURANCE. The limitation on liability under
  Section 153.081 does not apply to an owner, lessee, or occupant of
  agricultural or conservation land unless:
               (1)  the certified and insured prescribed burn manager
  conducting a burn on the land has liability insurance coverage:
                     (A) [(1)]  of at least $1 million for each single
  occurrence of bodily injury or death, or injury to or destruction of
  property; and
                     (B) [(2)]  with a policy period minimum aggregate
  limit of at least $2 million; or
               (2)  the owner, lessee, or occupant is a governmental
  unit, as that term is defined by Section 2259.001, Government Code,
  that has a self-insurance program that provides the amount of
  coverage required by Subdivision (1).
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 764 passed the Senate on
  March 21, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 764 passed the House on
  May 10, 2013, by the following vote:  Yeas 143, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor