TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 153. PRESCRIBED BURNING

SUBCHAPTER C. LIMITATIONS ON LIABILITY



§ 153.081. LIMITATION OF OWNER LIABILITY.
     (a) Subject to Section 153.082, an owner, lessee, or occupant of agricultural 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 prescribed burn manager.
     (b) This section does not apply to an owner, lessee, or occupant of agricultural land who is a certified prescribed burn manager and conducts a burn on that land.
     (c) In this section, "agricultural 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.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999.

§ 153.082. INSURANCE.
     The limitation on liability under Section 153.081 does not apply to an owner, lessee, or occupant of agricultural land unless the certified prescribed burn manager conducting a burn on the land has liability insurance coverage:
          (1) of at least $1 million for each single occurrence of bodily injury or death, or injury to or destruction of property; and
          (2) with a policy period minimum aggregate limit of at least $2 million.

Added by Acts 1999, 76th Leg., ch. 1432, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 829, § 1, eff. Sept. 1, 2001.