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AN ACT
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relating to the liability of a landowner for an act or omission of a |
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firefighter or peace officer on the property of the landowner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
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amended by adding Section 75.006 to read as follows: |
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Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER |
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OR PEACE OFFICER. (a) In this section: |
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(1) "Firefighter" means a member of a fire department |
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who performs a function listed in Section 419.021(3)(C), Government |
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Code. |
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(2) "Livestock" has the meaning assigned by Section |
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1.003, Agriculture Code. |
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(3) "Peace officer" has the meaning assigned by |
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Section 1.07, Penal Code, or other state or federal law. |
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(b) A landowner is not liable for damages arising from an |
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incident or accident caused by livestock of the landowner due to an |
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act or omission of a firefighter or a peace officer who has entered |
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the landowner's property with or without the permission of the |
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landowner, regardless of whether the damage occurs on the |
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landowner's property. |
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SECTION 2. The change in law made by this Act applies only |
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to an act or omission of a firefighter or peace officer that occurs |
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on or after the effective date of this Act. An act or omission of a |
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firefighter or peace officer that occurred before the effective |
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date of this Act is covered by the law in effect when the act or |
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omission occurred, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1153 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1153 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |