| 1 | 1 | | 83R15763 SLB-D |
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| 2 | 2 | | By: Guillen H.B. No. 332 |
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| 3 | 3 | | Substitute the following for H.B. No. 332: |
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| 4 | 4 | | By: Kuempel C.S.H.B. No. 332 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to tort liability arising from a volunteer's operation of |
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| 10 | 10 | | a Parks and Wildlife Department motor-driven vehicle or |
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| 11 | 11 | | motor-driven equipment. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 11, Parks and Wildlife |
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| 14 | 14 | | Code, is amended by adding Section 11.0281 to read as follows: |
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| 15 | 15 | | Sec. 11.0281. VOLUNTEER LIABILITY AND IMMUNITY. (a) In |
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| 16 | 16 | | this section, "volunteer" means a person rendering services for or |
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| 17 | 17 | | on behalf of the department without the expectation of receiving |
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| 18 | 18 | | monetary compensation from the department other than reimbursement |
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| 19 | 19 | | for expenses incurred by the person during the performance of the |
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| 20 | 20 | | service. The term does not include: |
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| 21 | 21 | | (1) a person performing services as a result of a |
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| 22 | 22 | | community service or community supervision sentence; or |
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| 23 | 23 | | (2) an inmate providing labor pursuant to Section |
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| 24 | 24 | | 497.091, Government Code, or similar law. |
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| 25 | 25 | | (b) Except as provided by Subsection (c), a volunteer while |
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| 26 | 26 | | acting within the course and scope of the volunteer's assignment |
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| 27 | 27 | | for the department is immune from civil liability for any act or |
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| 28 | 28 | | omission of the volunteer resulting from the operation or use of a |
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| 29 | 29 | | motor-driven vehicle or motor-driven equipment owned or leased by |
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| 30 | 30 | | the department. |
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| 31 | 31 | | (c) This section does not apply to an act or omission that is |
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| 32 | 32 | | intentional, wilfully negligent, or done with conscious |
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| 33 | 33 | | indifference or reckless disregard for the safety of others. |
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| 34 | 34 | | (d) The department shall, from any funds appropriated to the |
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| 35 | 35 | | department, compensate a claimant for property damage, personal |
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| 36 | 36 | | injury, or death proximately caused by the wrongful act or omission |
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| 37 | 37 | | or the negligence of a volunteer acting within the scope of the |
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| 38 | 38 | | volunteer's assignment if: |
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| 39 | 39 | | (1) the property damage, personal injury, or death |
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| 40 | 40 | | arises from the operation or use of a motor-driven vehicle or |
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| 41 | 41 | | motor-driven equipment owned or leased by the department; and |
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| 42 | 42 | | (2) the volunteer would be personally liable to the |
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| 43 | 43 | | claimant under the laws of this state in the absence of the immunity |
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| 44 | 44 | | provided by this section. |
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| 45 | 45 | | (e) The amount of compensation paid under Subsection (d) may |
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| 46 | 46 | | not exceed the maximum amount applicable to a state agency as |
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| 47 | 47 | | specified by Section 101.023(a), Civil Practice and Remedies Code. |
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| 48 | 48 | | (f) A volunteer operating or using a motor-driven vehicle or |
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| 49 | 49 | | motor-driven equipment owned or leased by the department who is |
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| 50 | 50 | | acting within the course and scope of a volunteer assignment for the |
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| 51 | 51 | | department is exempt from the requirements of Chapter 601, |
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| 52 | 52 | | Transportation Code. |
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| 53 | 53 | | (g) Except as provided by Subsection (d), this section does |
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| 54 | 54 | | not create any liability of or waive any immunity of the department, |
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| 55 | 55 | | employees of the department, or volunteers for the department. |
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| 56 | 56 | | SECTION 2. The change in law made by Section 11.0281, Parks |
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| 57 | 57 | | and Wildlife Code, as added by this Act, applies to an act or |
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| 58 | 58 | | omission involving the operation of a motor-driven vehicle or |
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| 59 | 59 | | motor-driven equipment occurring on or after the effective date of |
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| 60 | 60 | | this Act. An act or omission involving the operation of a |
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| 61 | 61 | | motor-driven vehicle or motor-driven equipment that occurs before |
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| 62 | 62 | | the effective date of this Act is governed by the law in effect at |
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| 63 | 63 | | the time the act or omission occurs, and that law is continued in |
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| 64 | 64 | | effect for that purpose. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2013. |
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