| 1 | 1 | | 83R5345 TJS-D |
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| 2 | 2 | | By: Bonnen of Brazoria H.B. No. 1520 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of certain persons for damages arising |
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| 8 | 8 | | from training exercises to prepare the persons to respond to |
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| 9 | 9 | | certain emergencies. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 78, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Subchapter D to read as follows: |
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| 13 | 13 | | SUBCHAPTER D. LIABILITY FOR TRAINING EXERCISES |
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| 14 | 14 | | Sec. 78.151. LIABILITY FOR TRAINING EXERCISES. A person is |
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| 15 | 15 | | not liable for damages resulting from the person's execution of a |
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| 16 | 16 | | training exercise intended to prepare the person to respond to a |
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| 17 | 17 | | fire or emergency to which this chapter applies to the same extent |
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| 18 | 18 | | that the person would not be liable under this chapter for damages |
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| 19 | 19 | | resulting from the person's actions in responding to a fire or |
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| 20 | 20 | | emergency. |
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| 21 | 21 | | SECTION 2. Chapter 79, Civil Practice and Remedies Code, is |
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| 22 | 22 | | amended by adding Section 79.004 to read as follows: |
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| 23 | 23 | | Sec. 79.004. LIABILITY FOR TRAINING EXERCISES. Except in a |
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| 24 | 24 | | case of reckless conduct or intentional, wilful, or wanton |
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| 25 | 25 | | misconduct, a person who is immune from civil liability for an act |
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| 26 | 26 | | or omission that occurs in giving care, assistance, or advice with |
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| 27 | 27 | | respect to the management of an incident to which this chapter |
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| 28 | 28 | | applies is immune from civil liability for an act or omission that |
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| 29 | 29 | | occurs during the execution of a training exercise intended to |
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| 30 | 30 | | prepare the person to give that care, assistance, or advice. |
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| 31 | 31 | | SECTION 3. This Act applies to an act or omission in |
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| 32 | 32 | | relation to a training exercise the execution of which begins on or |
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| 33 | 33 | | after the effective date of this Act, without regard to whether the |
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| 34 | 34 | | planning or scheduling of the exercise took place before, on, or |
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| 35 | 35 | | after that date. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2013. |
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