Texas House Bill HB3365

Texas 2019 - 86th Regular

Caption

Relating to the civil liability of certain persons providing disaster assistance.

Impact

The enactment of HB 3365 modifies existing laws to enhance protections for disaster assistance providers. By limiting liability, the bill encourages more people and organizations to offer help during crises without the fear of being sued for potential repercussions. This could potentially lead to a more substantial and timely response during disasters as individuals feel safer volunteering their assistance. However, it restricts the ability of victims to seek recourse, which could lead to challenges in accountability where negligence might be present.

Summary

House Bill 3365 addresses the civil liability of individuals and organizations that provide assistance during disasters, whether natural or man-made. The bill essentially establishes immunity from civil liability for those who give care, advice, or assistance during such incidents, provided their actions do not involve reckless or intentional misconduct. This immunity is applicable when these actions are requested by authorized representatives of local, state, or federal agencies or by charitable organizations aimed at mitigating disaster impacts.

Sentiment

The sentiment surrounding HB 3365 appeared to be largely positive, particularly among legislators and organizations involved in emergency management and disaster response. Supporters argue that it fosters a collaborative environment for aid during critical situations, while critics highlight the risks of limiting liability, suggesting that it may lead to a lack of accountability for poor actions taken during emergencies. However, notable points were raised regarding the balance between encouraging altruism in disaster scenarios and ensuring that victims retain the ability to seek justice in cases of clear misconduct.

Contention

Discussion around the bill showcased a tension between the need for proactive disaster response measures and the rights of individuals affected by disaster events to seek damages. Some legislators raised concerns about whether the immunity provided under the bill could enable negligence and undermine public trust in charitable organizations and emergency responders. Nevertheless, the unanimous votes during its progression through the legislature suggest a strong bipartisan agreement on the overall intent and need for such protective measures.