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AN ACT
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relating to liability of certain certified municipal inspectors for |
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services rendered during an emergency or disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 150.001, Civil Practice and Remedies |
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Code, is amended by amending Subdivision (1) and adding |
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Subdivisions (1-a) and (1-b) to read as follows: |
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(1) "Certified municipal inspector" means an |
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individual who is employed full-time by a political subdivision and |
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is currently: |
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(A) certified by a national model code group; or |
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(B) licensed as a plumbing inspector, as defined |
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by Section 1301.002, Occupations Code. |
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(1-a) "Licensed or registered professional" means a |
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licensed architect, licensed professional engineer, registered |
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professional land surveyor, registered landscape architect, or any |
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firm in which such licensed or registered professional practices, |
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including but not limited to a corporation, professional |
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corporation, limited liability corporation, partnership, limited |
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liability partnership, sole proprietorship, joint venture, or any |
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other business entity. |
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(1-b) "National model code group" means an |
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organization consisting of industry and government fire and |
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building safety officials that develops and promulgates a national |
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model code, as defined by Section 214.217, Local Government Code. |
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SECTION 2. Chapter 150, Civil Practice and Remedies Code, |
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is amended by adding Section 150.004 to read as follows: |
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Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED |
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MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER. (a) This section |
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applies only to a certified municipal inspector who provides |
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inspection services if the services: |
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(1) are authorized by the scope of the inspector's: |
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(A) national model code group certification; or |
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(B) plumbing inspector's license under Chapter |
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1301, Occupations Code; |
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(2) are provided voluntarily and without compensation |
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or the expectation of compensation from any source; |
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(3) are in response to and provided during the |
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duration of a proclaimed state of emergency under Section 433.001, |
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Government Code, or a declared state of disaster under Section |
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418.014, Government Code; |
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(4) are provided at the request or with the approval of |
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a federal, state, or local public official acting in an official |
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capacity in response to the proclaimed state of emergency or |
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declared disaster, including a law enforcement official, public |
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safety official, or building inspection official; and |
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(5) are related to a structure, building, premises, |
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piping, or other system, either publicly or privately owned. |
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(b) A certified municipal inspector who provides the |
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services to which this section applies is not liable for civil |
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damages, including personal injury, wrongful death, property |
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damage, or other loss related to the inspector's act, error, or |
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omission in the performance of the services, unless the act, error, |
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or omission constitutes: |
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(1) gross negligence; or |
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(2) wanton, wilful, or intentional misconduct. |
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SECTION 3. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 403 was passed by the House on April |
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18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 403 was passed by the Senate on May |
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15, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |