82R15752 SLB-D
By: Guillen H.B. No. 1450
Substitute the following for H.B. No. 1450:
By: Kuempel C.S.H.B. No. 1450
A BILL TO BE ENTITLED
AN ACT
relating to a study regarding tort liability arising from a
volunteer's operation of a Parks and Wildlife Department vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Parks and Wildlife Department shall
conduct a study and issue a report regarding potential tort
liability arising from the operation of a department-owned motor
vehicle by a person in the course and scope of performing volunteer
services for the department.
(b) In conducting the study, the department shall consult
with:
(1) the Office of the Attorney General;
(2) the State Office of Risk Management;
(3) the Texas Department of Insurance;
(4) organized volunteer groups; and
(5) other interested persons and organizations.
(c) The report required by Subsection (a) of this section
must:
(1) identify and evaluate alternatives for providing
tort liability protection for persons operating a department-owned
motor vehicle in the course and scope of performing volunteer
services for the department;
(2) evaluate the extent to which the alternatives
provide protection for members of the public, including visitors to
department sites; and
(3) make recommendations for providing the tort
liability protection described by Subdivision (1) of this
subsection, including proposed legislative changes necessary to
implement the recommendations, and specify the estimated costs of
implementing the recommendations.
(d) The department shall submit the report required by
Subsection (a) of this section not later than December 1, 2012, to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the chair of the House Committee on Culture,
Recreation, and Tourism; and
(5) the chair of the Senate Committee on Natural
Resources.
(e) This section expires September 1, 2013.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.