| 1 | 1 | | S.B. No. 1153 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the liability of a landowner for an act or omission of a |
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| 6 | 6 | | firefighter or peace officer on the property of the landowner. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 75, Civil Practice and Remedies Code, is |
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| 9 | 9 | | amended by adding Section 75.006 to read as follows: |
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| 10 | 10 | | Sec. 75.006. LIABILITY LIMITED FOR ACTIONS OF FIREFIGHTER |
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| 11 | 11 | | OR PEACE OFFICER. (a) In this section: |
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| 12 | 12 | | (1) "Firefighter" means a member of a fire department |
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| 13 | 13 | | who performs a function listed in Section 419.021(3)(C), Government |
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| 14 | 14 | | Code. |
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| 15 | 15 | | (2) "Livestock" has the meaning assigned by Section |
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| 16 | 16 | | 1.003, Agriculture Code. |
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| 17 | 17 | | (3) "Peace officer" has the meaning assigned by |
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| 18 | 18 | | Section 1.07, Penal Code, or other state or federal law. |
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| 19 | 19 | | (b) A landowner is not liable for damages arising from an |
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| 20 | 20 | | incident or accident caused by livestock of the landowner due to an |
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| 21 | 21 | | act or omission of a firefighter or a peace officer who has entered |
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| 22 | 22 | | the landowner's property with or without the permission of the |
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| 23 | 23 | | landowner, regardless of whether the damage occurs on the |
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| 24 | 24 | | landowner's property. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to an act or omission of a firefighter or peace officer that occurs |
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| 27 | 27 | | on or after the effective date of this Act. An act or omission of a |
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| 28 | 28 | | firefighter or peace officer that occurred before the effective |
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| 29 | 29 | | date of this Act is covered by the law in effect when the act or |
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| 30 | 30 | | omission occurred, and the former law is continued in effect for |
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| 31 | 31 | | that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 33 | 33 | | ______________________________ ______________________________ |
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| 34 | 34 | | President of the Senate Speaker of the House |
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| 35 | 35 | | I hereby certify that S.B. No. 1153 passed the Senate on |
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| 36 | 36 | | April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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| 37 | 37 | | ______________________________ |
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| 38 | 38 | | Secretary of the Senate |
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| 39 | 39 | | I hereby certify that S.B. No. 1153 passed the House on |
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| 40 | 40 | | May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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| 41 | 41 | | present not voting. |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Chief Clerk of the House |
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| 44 | 44 | | Approved: |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Date |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Governor |
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