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AN ACT
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relating to the civil liability of certain persons providing |
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disaster assistance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 79.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 79.003. DISASTER ASSISTANCE. (a) Except in a case of |
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reckless conduct or intentional, wilful, or wanton misconduct, a |
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person is immune from civil liability for an act or omission that |
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occurs in giving care, assistance, or advice with respect to the |
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management of an incident: |
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(1) that is a man-made or natural disaster that |
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endangers or threatens to endanger individuals, property, or the |
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environment, including a major disaster declared by the president |
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of the United States or a disaster declared under Section 418.014, |
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Government Code; and |
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(2) in which the care, assistance, or advice is |
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provided at the request of: |
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(A) an authorized representative of a local, |
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state, or federal agency, including a fire department, a police |
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department, an emergency management agency, and a disaster response |
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agency; or |
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(B) a charitable organization, as that term is |
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defined by Section 84.003, that provides services to mitigate the |
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effects of a disaster described by Subdivision (1). |
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(b) Subsection (a) [This section] does not apply to a person |
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giving care, assistance, or advice for or in expectation of |
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compensation from or on behalf of the recipient of the care, |
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assistance, or advice in excess of reimbursement for expenses |
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incurred. |
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(c) Notwithstanding Chapter 101 or any other law, an entity |
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and the authorized representative of the entity are not liable |
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under the laws of this state for the act or omission of a person |
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providing care, assistance, or advice on request under Subsection |
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(a)(2)(A). |
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(d) Notwithstanding Chapter 84 or any other law, a |
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charitable organization is not liable under the laws of this state |
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for the act or omission of a person providing care, assistance, or |
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advice on request under Subsection (a)(2)(B). |
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(e) The immunities provided by this section are in addition |
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to any other immunity or limitations of liability provided by law, |
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including Subchapter D, Chapter 74, this chapter, or Chapter 78 or |
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78A of this code or Section 418.006, Government Code. |
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SECTION 2. Section 79.003, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 3. 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, 2019. |
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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. 3365 was passed by the House on May 3, |
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2019, by the following vote: Yeas 140, 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. 3365 was passed by the Senate on May |
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19, 2019, 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 |