Texas 2013 - 83rd Regular

Texas House Bill HB403 Compare Versions

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1	1	By: S. Davis of Harris (Senate Sponsor - Ellis) H.B. No. 403
2	2	(In the Senate - Received from the House April 22, 2013;
3	3	April 24, 2013, read first time and referred to Committee on State
4	4	Affairs; May 7, 2013, reported favorably by the following vote:
5	5	Yeas 8, Nays 0; May 7, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to liability of certain certified municipal inspectors for
11	11	services rendered during an emergency or disaster.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 150.001, Civil Practice and Remedies
14	14	Code, is amended by amending Subdivision (1) and adding
15	15	Subdivisions (1-a) and (1-b) to read as follows:
16	16	(1) "Certified municipal inspector" means an
17	17	individual who is employed full-time by a political subdivision and
18	18	is currently:
19	19	(A) certified by a national model code group; or
20	20	(B) licensed as a plumbing inspector, as defined
21	21	by Section 1301.002, Occupations Code.
22	22	(1-a) "Licensed or registered professional" means a
23	23	licensed architect, licensed professional engineer, registered
24	24	professional land surveyor, registered landscape architect, or any
25	25	firm in which such licensed or registered professional practices,
26	26	including but not limited to a corporation, professional
27	27	corporation, limited liability corporation, partnership, limited
28	28	liability partnership, sole proprietorship, joint venture, or any
29	29	other business entity.
30	30	(1-b) "National model code group" means an
31	31	organization consisting of industry and government fire and
32	32	building safety officials that develops and promulgates a national
33	33	model code, as defined by Section 214.217, Local Government Code.
34	34	SECTION 2. Chapter 150, Civil Practice and Remedies Code,
35	35	is amended by adding Section 150.004 to read as follows:
36	36	Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED
37	37	MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER. (a) This
38	38	section applies only to a certified municipal inspector who
39	39	provides inspection services if the services:
40	40	(1) are authorized by the scope of the inspector's:
41	41	(A) national model code group certification; or
42	42	(B) plumbing inspector's license under Chapter
43	43	1301, Occupations Code;
44	44	(2) are provided voluntarily and without compensation
45	45	or the expectation of compensation from any source;
46	46	(3) are in response to and provided during the
47	47	duration of a proclaimed state of emergency under Section 433.001,
48	48	Government Code, or a declared state of disaster under Section
49	49	418.014, Government Code;
50	50	(4) are provided at the request or with the approval of
51	51	a federal, state, or local public official acting in an official
52	52	capacity in response to the proclaimed state of emergency or
53	53	declared disaster, including a law enforcement official, public
54	54	safety official, or building inspection official; and
55	55	(5) are related to a structure, building, premises,
56	56	piping, or other system, either publicly or privately owned.
57	57	(b) A certified municipal inspector who provides the
58	58	services to which this section applies is not liable for civil
59	59	damages, including personal injury, wrongful death, property
60	60	damage, or other loss related to the inspector's act, error, or
61	61	omission in the performance of the services, unless the act, error,
62	62	or omission constitutes:
63	63	(1) gross negligence; or
64	64	(2) wanton, wilful, or intentional misconduct.
65	65	SECTION 3. This Act applies only to a cause of action that
66	66	accrues on or after the effective date of this Act. A cause of
67	67	action that accrues before the effective date of this Act is
68	68	governed by the law applicable to the cause of action immediately
69	69	before the effective date of this Act, and that law is continued in
70	70	effect for that purpose.
71	71	SECTION 4. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2013.
76	76	* * * * *