Texas 2011 - 82nd Regular

Texas House Bill HB1354 Compare Versions

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1	1	82R7029 TJS-F
2	2	By: S. Davis of Harris H.B. No. 1354
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to liability of certain certified municipal inspectors for
8	8	services rendered during an emergency or disaster.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 150.001, Civil Practice and Remedies
11	11	Code, is amended by amending Subdivision (1) and adding
12	12	Subdivisions (1-a) and (1-b) to read as follows:
13	13	(1) "Certified municipal inspector" means an
14	14	individual who is employed full-time by a political subdivision and
15	15	is currently:
16	16	(A) certified by a national model code group; or
17	17	(B) licensed as a plumbing inspector, as defined
18	18	by Section 1301.002, Occupations Code.
19	19	(1-a) "Licensed or registered professional" means a
20	20	licensed architect, licensed professional engineer, registered
21	21	professional land surveyor, registered landscape architect, or any
22	22	firm in which such licensed or registered professional practices,
23	23	including but not limited to a corporation, professional
24	24	corporation, limited liability corporation, partnership, limited
25	25	liability partnership, sole proprietorship, joint venture, or any
26	26	other business entity.
27	27	(1-b) "National model code group" means an
28	28	organization consisting of industry and government fire and
29	29	building safety officials that develops and promulgates a national
30	30	model code, as defined by Section 214.217, Local Government Code.
31	31	SECTION 2. Chapter 150, Civil Practice and Remedies Code,
32	32	is amended by adding Section 150.004 to read as follows:
33	33	Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED
34	34	MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER. (a) This section
35	35	applies only to a certified municipal inspector who provides
36	36	inspection services if the services:
37	37	(1) are authorized by the scope of the inspector's:
38	38	(A) national model code group certification; or
39	39	(B) plumbing inspector's license under Chapter
40	40	1301, Occupations Code;
41	41	(2) are provided voluntarily and without compensation
42	42	or the expectation of compensation from any source other than the
43	43	inspector's full-time employment with a municipality;
44	44	(3) are in response to and provided during the
45	45	duration of a proclaimed state of emergency under Section 433.001,
46	46	Government Code, or a declared state of disaster under Section
47	47	418.014, Government Code;
48	48	(4) are provided at the request or with the approval of
49	49	a federal, state, or local public official acting in an official
50	50	capacity in response to the proclaimed state of emergency or
51	51	declared disaster, including a law enforcement official, public
52	52	safety official, or building inspection official; and
53	53	(5) are related to a structure, building, premises,
54	54	piping, or other system, either publicly or privately owned.
55	55	(b) A certified municipal inspector who provides the
56	56	services to which this section applies is not liable for civil
57	57	damages, including personal injury, wrongful death, property
58	58	damage, or other loss related to the inspector's act, error, or
59	59	omission in the performance of the services, unless the act, error,
60	60	or omission constitutes:
61	61	(1) gross negligence; or
62	62	(2) wanton, wilful, or intentional misconduct.
63	63	SECTION 3. This Act applies only to a cause of action that
64	64	accrues on or after the effective date of this Act. A cause of
65	65	action that accrues before the effective date of this Act is
66	66	governed by the law applicable to the cause of action immediately
67	67	before the effective date of this Act, and that law is continued in
68	68	effect for that purpose.
69	69	SECTION 4. This Act takes effect immediately if it receives
70	70	a vote of two-thirds of all the members elected to each house, as
71	71	provided by Section 39, Article III, Texas Constitution. If this
72	72	Act does not receive the vote necessary for immediate effect, this
73	73	Act takes effect September 1, 2011.