83R10693 KSD-D
By: Clardy, Bell H.B. No. 2751
A BILL TO BE ENTITLED
AN ACT
relating to the liability of individuals providing labor or
assistance to the Texas Forest Service in the performance of
certain fire suppression duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 88.104, Education Code, is amended to
read as follows:
Sec. 88.104. AUTHORITY TO ENTER PRIVATE LAND. (a)
Authority is hereby granted to every employee of the Texas Forest
Service and any outside labor or assistance the employee deems
necessary to enter upon any privately-owned land in the performance
of fire suppression duties which are by state law under the
direction of the director. These entries on privately-owned land
may be made whenever it is necessary to investigate forest and grass
fires and to ascertain whether they are burning uncontrolled, and
whenever it is necessary to suppress forest and grass fires that are
known to be burning uncontrolled.
(b) An individual providing labor or assistance to the Texas
Forest Service under Subsection (a) is not liable for civil
damages, including personal injury, wrongful death, property
damage, death, or other loss resulting from any act, error, or
omission by the individual in providing that labor or assistance
unless the act, error, or omission:
(1) proximately caused the loss; and
(2) was performed with malice or constitutes gross
negligence, recklessness, or intentional misconduct.
SECTION 2. Section 88.104(b), Education Code, as added by
this Act, applies only to an act, error, or omission that occurs on
or after the effective date of this Act.
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, 2013.