Sec. 11.356. LIABILITY. The department is liable for actual damages for:
(1) injury to or destruction of property, bodily injury, or death proximately caused by the wrongful act or omission or the negligence of an employee acting within the scope of employment if:
(A) the injury to or destruction of property, bodily injury, or death arises from the escape of fire from a prescribed burn conducted by the department; and
(B) the employee would be personally liable to the claimant according to Texas law;
(2) injury to or destruction of property, bodily injury, or death so caused by the escape of fire from a prescribed burn conducted by the department if the department would, were it a private person, be liable to the claimant according to Texas law; and
(3) injury to or destruction of utility infrastructure caused by a prescribed burn.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
Structure Texas Statutes
Title 2 - Parks and Wildlife Department
Chapter 11 - Parks and Wildlife Department
Subchapter M. Prescribed Burns
Section 11.353. General and Specific Plan Requirements
Section 11.354. Notice Requirements
Section 11.357. Limitation on Amount of Liability
Section 11.358. Application of Tort Claims Act
Section 11.359. Waiver of Governmental Immunity; Permission to Sue