Bill Text: TX HB3365 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the civil liability of certain persons providing disaster assistance.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-02 - Effective immediately [HB3365 Detail]
Download: Texas-2019-HB3365-Introduced.html
Bill Title: Relating to the civil liability of certain persons providing disaster assistance.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-02 - Effective immediately [HB3365 Detail]
Download: Texas-2019-HB3365-Introduced.html
86R13564 SCL-D | ||
By: Paul | H.B. No. 3365 |
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relating to the civil liability of certain persons providing | ||
disaster assistance. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 79.003, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 79.003. DISASTER ASSISTANCE. (a) Except in a case of | ||
reckless conduct or intentional, wilful, or wanton misconduct, a | ||
person is immune from civil liability for an act or omission that | ||
occurs in giving care, assistance, or advice with respect to the | ||
management of an incident: | ||
(1) that is a man-made or natural disaster that | ||
endangers or threatens to endanger individuals, property, or the | ||
environment, including a major disaster declared by the president | ||
of the United States or a disaster declared under Section 418.014, | ||
Government Code; and | ||
(2) in which the care, assistance, or advice is | ||
provided at the request of: | ||
(A) an authorized representative of a local, | ||
state, or federal agency, including a fire department, a police | ||
department, an emergency management agency, and a disaster response | ||
agency; or | ||
(B) a charitable organization, as that term is | ||
defined by Section 84.003, that provides services to mitigate the | ||
effects of a disaster described by Subdivision (1). | ||
(b) Subsection (a) [ |
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giving care, assistance, or advice for or in expectation of | ||
compensation from or on behalf of the recipient of the care, | ||
assistance, or advice in excess of reimbursement for expenses | ||
incurred. | ||
(c) Notwithstanding Chapter 101 or any other law, an entity | ||
and the authorized representative of the entity are not liable | ||
under the laws of this state for the act or omission of a person | ||
providing care, assistance, or advice on request under Subsection | ||
(a)(2)(A). | ||
(d) Notwithstanding Chapter 84 or any other law, a | ||
charitable organization is not liable under the laws of this state | ||
for the act or omission of a person providing care, assistance, or | ||
advice on request under Subsection (a)(2)(B). | ||
(e) The immunities provided by this section are in addition | ||
to any other immunity or limitations of liability provided by law, | ||
including Subchapter D, Chapter 74, this chapter, or Chapter 78 or | ||
78A of this code or Section 418.006, Government Code. | ||
SECTION 2. Section 79.003, Civil Practice and Remedies | ||
Code, as amended by this Act, applies only to a cause of action that | ||
accrues on or after the effective date of this Act. | ||
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, 2019. |