Bill Text: TX HB487 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to liability of certain persons assisting in man-made or natural disasters.
Sponsorship: Partisan Bill (Republican 22-1)
Status: (Passed) 2013-05-24 - Effective immediately [HB487 Detail]
Download: Texas-2013-HB487-Introduced.html
Bill Title: Relating to liability of certain persons assisting in man-made or natural disasters.
Sponsorship: Partisan Bill (Republican 22-1)
Status: (Passed) 2013-05-24 - Effective immediately [HB487 Detail]
Download: Texas-2013-HB487-Introduced.html
| 83R1454 TJS-D | ||
| By: Bell | H.B. No. 487 | |
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| relating to liability of certain persons assisting in hazardous or | ||
| dangerous situations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 79.003, Civil Practice and Remedies | ||
| Code, is amended by adding Subsection (c) to read as follows: | ||
| (c) This section applies to an owner or licensed operator of | ||
| construction equipment or other heavy equipment who provides | ||
| voluntary assistance to: | ||
| (1) a municipality in the manner described by Section | ||
| 342.006, Local Government Code; or | ||
| (2) a county in the manner described by Section | ||
| 352.024, Local Government Code. | ||
| SECTION 2. Subchapter A, Chapter 342, Local Government | ||
| Code, is amended by adding Section 342.006 to read as follows: | ||
| Sec. 342.006. ASSISTANCE BY VOLUNTEER IN HAZARDOUS OR | ||
| DANGEROUS SITUATION. The governing body of a municipality, the | ||
| chief of the fire department, or an emergency management director | ||
| or coordinator designated for the municipality under Section | ||
| 418.1015, Government Code, may request or accept any voluntary | ||
| assistance, including the loan or operation of construction | ||
| equipment or other heavy equipment by the owner or licensed | ||
| operator of the equipment, as applicable, to the extent the | ||
| governing body, chief, or emergency management director or | ||
| coordinator believes necessary to address a hazardous or dangerous | ||
| situation. | ||
| SECTION 3. Subchapter B, Chapter 352, Local Government | ||
| Code, is amended by adding Section 352.024 to read as follows: | ||
| Sec. 352.024. ASSISTANCE BY VOLUNTEER IN HAZARDOUS OR | ||
| DANGEROUS SITUATION. The commissioners court of a county, the | ||
| county fire marshal, an incorporated volunteer fire department | ||
| under contract with a county under Section 352.001, or an emergency | ||
| management director or coordinator designated for the county under | ||
| Section 418.1015, Government Code, may request or accept any | ||
| voluntary assistance, including the loan or operation of | ||
| construction equipment or other heavy equipment by the owner or | ||
| licensed operator of the equipment, as applicable, to the extent | ||
| the commissioners court, county fire marshal, incorporated | ||
| volunteer fire department, or emergency management director or | ||
| coordinator believes necessary to address a hazardous or dangerous | ||
| situation. | ||
| SECTION 4. Section 79.003(c), Civil Practice and Remedies | ||
| Code, and Sections 342.006 and 352.024, Local Government Code, as | ||
| added by this Act, are intended only to clarify existing law with | ||
| respect to: | ||
| (1) the power of certain local officials to request or | ||
| accept certain voluntary assistance in certain situations; and | ||
| (2) the applicability of Section 79.003, Civil | ||
| Practice and Remedies Code, to certain persons providing certain | ||
| voluntary assistance in certain situations. | ||
| SECTION 5. 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. | ||
