H.B. No. 487
 
 
 
 
AN ACT
  relating to liability of certain persons assisting in man-made or
  natural disasters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 370, Local Government Code, is amended
  by adding Section 370.006 to read as follows:
         Sec. 370.006.  ASSISTANCE IN MAN-MADE OR NATURAL DISASTER.
  (a)  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 care, assistance, or advice
  described by Section 79.003(a), Civil Practice and Remedies Code,
  including the loan or operation of construction equipment or other
  heavy equipment by the owner or operator of the equipment, as
  applicable, or the donation of resources to the extent the
  governing body, chief, or emergency management director or
  coordinator believes necessary to address a man-made or natural
  disaster.
         (b)  The commissioners court of a county, the county judge,
  the county fire marshal, an incorporated volunteer fire department
  under contract with a county under Section 352.001, a volunteer
  fire department described by Section 352.005, as applicable, or an
  emergency management director or coordinator designated for the
  county under Section 418.1015, Government Code, may request or
  accept any care, assistance, or advice described by Section
  79.003(a), Civil Practice and Remedies Code, including the loan or
  operation of construction equipment or other heavy equipment by the
  owner or operator of the equipment, as applicable, or the donation
  of resources to the extent the commissioners court, county judge,
  county fire marshal, volunteer fire department, or emergency
  management director or coordinator believes necessary to address a
  man-made or natural disaster.
         (c)  A person as defined by Section 79.001, Civil Practice
  and Remedies Code, who provides care, assistance, or advice to a
  municipality or county in the manner described by this section is
  immune from civil liability as provided by Section 79.003, Civil
  Practice and Remedies Code.
         (d)  Subsection (a) or (b) does not authorize the acceptance
  of care, assistance, or advice in violation of any other law or
  contractual agreement that prohibits the acceptance of that care,
  assistance, or advice.
         SECTION 2.  Section 370.006, Local Government Code, as added
  by this Act, is intended only to clarify existing law with respect
  to:
               (1)  the power of certain local officials to request or
  accept certain assistance in certain situations; and
               (2)  the applicability of Section 79.003, Civil
  Practice and Remedies Code, to certain persons providing certain
  assistance in certain situations.
         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 certify that H.B. No. 487 was passed by the House on April
  3, 2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 487 was passed by the Senate on May 8,
  2013, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor