Texas House Bill HB332

Texas 2013 - 83rd Regular

• Filed: 12/27/12

Caption

Relating to tort liability arising from a volunteer's operation of a Parks and Wildlife Department motor-driven vehicle or motor-driven equipment.

Impact

The bill specifically states that volunteers will not be personally liable for injuries or damages that occur while they are operating Department-owned or leased vehicles, unless their actions were intentional or grossly negligent. Additionally, the state would compensate claims resulting from the wrongful acts of a volunteer, reflecting a shift in liability from individual volunteers to the state agency. Thus, the law will significantly change how tort claims are approached concerning volunteer activities, making it safer for individuals to engage in such public service work.

Summary

House Bill 332 is designed to address tort liability issues arising from the operation of motor-driven vehicles or equipment by volunteers working on behalf of the Parks and Wildlife Department. The bill introduces a new section to the Parks and Wildlife Code that grants volunteer operators immunities from civil liability while performing their duties, provided they act within the scope of their assigned roles. This legislative measure aims to encourage volunteer participation in state-managed parks and wildlife conservation efforts by reducing legal risks associated with their activities.

Contention

While the bill generally received support for its intention to bolster volunteerism in state parks, there are underlying concerns related to the immunity it provides. Some stakeholders argue that the definition of 'volunteer' excludes certain groups, which might limit the outreach and effectiveness of volunteer programs. Furthermore, critics may emphasize that complete immunity can lead to a lack of accountability, potentially allowing for reckless behavior without consequences, which should be monitored closely to ensure safety for all parties involved.