Bill Text: TX HB403 | 2013-2014 | 83rd Legislature | Enrolled

Texas House Bill 403 (Prior Session Legislation)

Bill Title: Relating to liability of certain certified municipal inspectors for services rendered during an emergency or disaster.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-06-14 - Effective immediately [HB403 Detail]

Download: Texas-2013-HB403-Enrolled.html



	H.B. No. 403




	AN ACT
	relating to liability of certain certified municipal inspectors for
	services rendered during an emergency or disaster.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 150.001, Civil Practice and Remedies
	Code, is amended by amending Subdivision (1) and adding
	Subdivisions (1-a) and (1-b) to read as follows:
	(1) "Certified municipal inspector" means an
	individual who is employed full-time by a political subdivision and
	is currently:
	(A) certified by a national model code group; or
	(B) licensed as a plumbing inspector, as defined
	by Section 1301.002, Occupations Code.
	(1-a) "Licensed or registered professional" means a
	licensed architect, licensed professional engineer, registered
	professional land surveyor, registered landscape architect, or any
	firm in which such licensed or registered professional practices,
	including but not limited to a corporation, professional
	corporation, limited liability corporation, partnership, limited
	liability partnership, sole proprietorship, joint venture, or any
	other business entity.
	(1-b) "National model code group" means an
	organization consisting of industry and government fire and
	building safety officials that develops and promulgates a national
	model code, as defined by Section 214.217, Local Government Code.
	SECTION 2. Chapter 150, Civil Practice and Remedies Code,
	is amended by adding Section 150.004 to read as follows:
	Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED
	MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER. (a) This section
	applies only to a certified municipal inspector who provides
	inspection services if the services:
	(1) are authorized by the scope of the inspector's:
	(A) national model code group certification; or
	(B) plumbing inspector's license under Chapter
	1301, Occupations Code;
	(2) are provided voluntarily and without compensation
	or the expectation of compensation from any source;
	(3) are in response to and provided during the
	duration of a proclaimed state of emergency under Section 433.001,
	Government Code, or a declared state of disaster under Section
	418.014, Government Code;
	(4) are provided at the request or with the approval of
	a federal, state, or local public official acting in an official
	capacity in response to the proclaimed state of emergency or
	declared disaster, including a law enforcement official, public
	safety official, or building inspection official; and
	(5) are related to a structure, building, premises,
	piping, or other system, either publicly or privately owned.
	(b) A certified municipal inspector who provides the
	services to which this section applies is not liable for civil
	damages, including personal injury, wrongful death, property
	damage, or other loss related to the inspector's act, error, or
	omission in the performance of the services, unless the act, error,
	or omission constitutes:
	(1) gross negligence; or
	(2) wanton, wilful, or intentional misconduct.
	SECTION 3. This Act applies only to a cause of action that
	accrues on or after the effective date of this Act. A cause of
	action that accrues before the effective date of this Act is
	governed by the law applicable to the cause of action immediately
	before the effective date of this Act, and that law is continued in
	effect for that purpose.
	SECTION 4. 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 certify that H.B. No. 403 was passed by the House on April
	18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 403 was passed by the Senate on May
	15, 2013, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor