| 1 | 1 | | 81R1561 DRH-D |
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| 2 | 2 | | By: Aycock H.B. No. 361 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the civil liability of a political party on primary |
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| 8 | 8 | | election day. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 161, Election Code, is amended by adding |
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| 11 | 11 | | Section 161.011 to read as follows: |
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| 12 | 12 | | Sec. 161.011. LIABILITY OF POLITICAL PARTY ON PRIMARY |
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| 13 | 13 | | ELECTION DAY. (a) Except as provided by Subsection (b), a political |
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| 14 | 14 | | party holding a primary election is immune from civil liability for |
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| 15 | 15 | | any act or omission resulting in death, damage, or injury that |
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| 16 | 16 | | occurs on: |
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| 17 | 17 | | (1) primary election day at: |
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| 18 | 18 | | (A) a polling place used for voting; or |
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| 19 | 19 | | (B) the site of a precinct convention; or |
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| 20 | 20 | | (2) runoff primary election day at a polling place |
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| 21 | 21 | | used for voting. |
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| 22 | 22 | | (b) This section does not apply to an act or omission that is |
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| 23 | 23 | | intentional, willfully negligent, or done with conscious |
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| 24 | 24 | | indifference or reckless disregard for the safety of others. |
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| 25 | 25 | | (c) A political party holding a primary election is liable |
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| 26 | 26 | | to a person for death, damage, or injury to the person or his |
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| 27 | 27 | | property proximately caused by any act or omission arising from the |
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| 28 | 28 | | operation or use of any motor-driven equipment, including an |
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| 29 | 29 | | airplane, to the extent insurance coverage is required by Chapter |
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| 30 | 30 | | 601, Transportation Code, and to the extent of any existing |
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| 31 | 31 | | insurance coverage applicable to the act or omission. |
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| 32 | 32 | | SECTION 2. This Act applies only to a cause of action that |
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| 33 | 33 | | accrues on or after the effective date of this Act. A cause of |
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| 34 | 34 | | action that accrues before the effective date of this Act is |
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| 35 | 35 | | governed by the law applicable to the cause of action immediately |
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| 36 | 36 | | before the effective date of this Act, and the former law is |
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| 37 | 37 | | continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2009. |
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