Texas Senate Bill SB381

Texas 2015 - 84th Regular

Caption

Relating to tort liability arising from a volunteer's operation of a Parks and Wildlife Department motor-driven vehicle or motor-driven equipment.

Impact

With the passage of SB381, the law clarifies the relationship between volunteers and liability concerning their operations of departmental vehicles. This change aims to encourage volunteer participation in state programs by reducing legal risks associated with vehicle operation. Additionally, it provides a mechanism for compensation from the department for claims arising from actions of volunteers while acting within their designated capacity, thereby offering a safeguard for both the department and the volunteers.

Summary

SB381 aims to establish a framework for tort liability related to volunteers operating motor-driven vehicles or equipment under the purview of the Texas Parks and Wildlife Department. The bill introduces a new section to the Parks and Wildlife Code that delineates the conditions under which volunteers are granted immunity from civil liability while performing their duties. This is particularly relevant for volunteers who operate departmental vehicles or equipment without expectation of monetary compensation, protecting them from being held liable for damages that arise from their service, except in instances of intentional or grossly negligent conduct.

Sentiment

The general sentiment surrounding SB381 appears to be positive, particularly among those advocating for greater volunteer involvement in state-managed initiatives. Supporters of the bill argue that it promotes volunteerism by alleviating fears of legal repercussions. They believe that by establishing clear guidelines and protections, more individuals will be willing to volunteer their time and services to support the Parks and Wildlife Department. However, the bill may have faced some scrutiny regarding the potential for it to enable reckless behavior among volunteers if not adequately supervised.

Contention

Notable points of contention include the scope of liability and the protections afforded to volunteers under this bill. Critics may raise concerns about whether the immunity provisions could lead to situations where volunteers operate vehicles without proper training or oversight, potentially resulting in accidents or damage. Furthermore, while the bill seeks to protect volunteers, there is an ongoing debate about the balance of accountability for actions taken by volunteers versus the need to encourage broader public participation in state programs.