Bill Text: TX SB1267 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the liability of individuals providing labor or assistance to the Texas Forest Service in the performance of certain fire suppression duties.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-05-10 - Effective immediately [SB1267 Detail]
Download: Texas-2013-SB1267-Enrolled.html
S.B. No. 1267 |
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relating to the liability of individuals providing labor or | ||
assistance to the Texas Forest Service in the performance of | ||
certain fire suppression duties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 88.104, Education Code, is amended to | ||
read as follows: | ||
Sec. 88.104. AUTHORITY TO ENTER PRIVATE LAND. | ||
(a) Authority is hereby granted to every employee of the Texas | ||
Forest Service and any outside labor or assistance the employee | ||
deems necessary to enter upon any privately-owned land in the | ||
performance of fire suppression duties which are by state law under | ||
the direction of the director. These entries on privately-owned | ||
land may be made whenever it is necessary to investigate forest and | ||
grass fires and to ascertain whether they are burning uncontrolled, | ||
and whenever it is necessary to suppress forest and grass fires that | ||
are known to be burning uncontrolled. | ||
(b) An individual providing labor or assistance to the Texas | ||
Forest Service under Subsection (a) is not liable for civil | ||
damages, including personal injury, wrongful death, property | ||
damage, death, or other loss resulting from any act, error, or | ||
omission by the individual in providing that labor or assistance | ||
unless the act, error, or omission: | ||
(1) proximately caused the loss; and | ||
(2) was performed with malice or constitutes gross | ||
negligence, recklessness, or intentional misconduct. | ||
SECTION 2. Subsection (b), Section 88.104, Education Code, | ||
as added by this Act, applies only to an act, error, or omission | ||
that occurs 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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1267 passed the Senate on | ||
April 10, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1267 passed the House on | ||
April 25, 2013, by the following vote: Yeas 136, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |