By: Ellis S.B. No. 1560
(Taylor of Galveston)
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain local emergency management or
homeland security organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (1), Section 101.001, Civil Practice
and Remedies Code, is amended to read as follows:
(1) "Emergency service organization" means:
(A) a volunteer fire department, rescue squad, or
an emergency medical services provider that is:
(i) [(A)] operated by its members; and
(ii) [(B)] exempt from state taxes by being
listed as an exempt organization under Section 151.310 or 171.083,
Tax Code; or
(B) a local emergency management or homeland
security organization that is:
(i) formed and operated as a state resource
in accordance with the statewide homeland security strategy
developed by the governor under Section 421.002, Government Code;
and
(ii) responsive to the Texas Division of
Emergency Management in carrying out an all-hazards emergency
management program under Section 418.112, Government Code.
SECTION 2. The change in law made by 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 in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. 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.