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