83R3401 TJS-F
By: S. Davis of Harris H.B. No. 403
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain certified municipal inspectors for
services rendered during an emergency or disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 150.001, Civil Practice and Remedies
Code, is amended by amending Subdivision (1) and adding
Subdivisions (1-a) and (1-b) to read as follows:
(1) "Certified municipal inspector" means an
individual who is employed full-time by a political subdivision and
is currently:
(A) certified by a national model code group; or
(B) licensed as a plumbing inspector, as defined
by Section 1301.002, Occupations Code.
(1-a) "Licensed or registered professional" means a
licensed architect, licensed professional engineer, registered
professional land surveyor, registered landscape architect, or any
firm in which such licensed or registered professional practices,
including but not limited to a corporation, professional
corporation, limited liability corporation, partnership, limited
liability partnership, sole proprietorship, joint venture, or any
other business entity.
(1-b) "National model code group" means an
organization consisting of industry and government fire and
building safety officials that develops and promulgates a national
model code, as defined by Section 214.217, Local Government Code.
SECTION 2. Chapter 150, Civil Practice and Remedies Code,
is amended by adding Section 150.004 to read as follows:
Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED
MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER. (a) This section
applies only to a certified municipal inspector who provides
inspection services if the services:
(1) are authorized by the scope of the inspector's:
(A) national model code group certification; or
(B) plumbing inspector's license under Chapter
1301, Occupations Code;
(2) are provided voluntarily and without compensation
or the expectation of compensation from any source other than the
inspector's full-time employment with a municipality;
(3) are in response to and provided during the
duration of a proclaimed state of emergency under Section 433.001,
Government Code, or a declared state of disaster under Section
418.014, Government Code;
(4) are provided at the request or with the approval of
a federal, state, or local public official acting in an official
capacity in response to the proclaimed state of emergency or
declared disaster, including a law enforcement official, public
safety official, or building inspection official; and
(5) are related to a structure, building, premises,
piping, or other system, either publicly or privately owned.
(b) A certified municipal inspector who provides the
services to which this section applies is not liable for civil
damages, including personal injury, wrongful death, property
damage, or other loss related to the inspector's act, error, or
omission in the performance of the services, unless the act, error,
or omission constitutes:
(1) gross negligence; or
(2) wanton, wilful, or intentional misconduct.
SECTION 3. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrues before the effective date of this Act is
governed by the law applicable to the cause of action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. 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.
COMMITTEE AMENDMENT NO. 1
Amend H.B. No. 403 (introduced version) on page 2, lines
13-14, by striking "other than the inspector's full-time employment
with a municipality".
King of Hemphill