83R5345 TJS-D
By: Bonnen of Brazoria H.B. No. 1520
A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain persons for damages arising
from training exercises to prepare the persons to respond to
certain emergencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 78, Civil Practice and Remedies Code, is
amended by adding Subchapter D to read as follows:
SUBCHAPTER D. LIABILITY FOR TRAINING EXERCISES
Sec. 78.151. LIABILITY FOR TRAINING EXERCISES. A person is
not liable for damages resulting from the person's execution of a
training exercise intended to prepare the person to respond to a
fire or emergency to which this chapter applies to the same extent
that the person would not be liable under this chapter for damages
resulting from the person's actions in responding to a fire or
emergency.
SECTION 2. Chapter 79, Civil Practice and Remedies Code, is
amended by adding Section 79.004 to read as follows:
Sec. 79.004. LIABILITY FOR TRAINING EXERCISES. Except in a
case of reckless conduct or intentional, wilful, or wanton
misconduct, a person who is immune from civil liability for an act
or omission that occurs in giving care, assistance, or advice with
respect to the management of an incident to which this chapter
applies is immune from civil liability for an act or omission that
occurs during the execution of a training exercise intended to
prepare the person to give that care, assistance, or advice.
SECTION 3. This Act applies to an act or omission in
relation to a training exercise the execution of which begins on or
after the effective date of this Act, without regard to whether the
planning or scheduling of the exercise took place before, on, or
after that date.
SECTION 4. This Act takes effect September 1, 2013.