83R1454 TJS-D
By: Bell H.B. No. 487
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain persons assisting in hazardous or
dangerous situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 79.003, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) This section applies to an owner or licensed operator of
construction equipment or other heavy equipment who provides
voluntary assistance to:
(1) a municipality in the manner described by Section
342.006, Local Government Code; or
(2) a county in the manner described by Section
352.024, Local Government Code.
SECTION 2. Subchapter A, Chapter 342, Local Government
Code, is amended by adding Section 342.006 to read as follows:
Sec. 342.006. ASSISTANCE BY VOLUNTEER IN HAZARDOUS OR
DANGEROUS SITUATION. The governing body of a municipality, the
chief of the fire department, or an emergency management director
or coordinator designated for the municipality under Section
418.1015, Government Code, may request or accept any voluntary
assistance, including the loan or operation of construction
equipment or other heavy equipment by the owner or licensed
operator of the equipment, as applicable, to the extent the
governing body, chief, or emergency management director or
coordinator believes necessary to address a hazardous or dangerous
situation.
SECTION 3. Subchapter B, Chapter 352, Local Government
Code, is amended by adding Section 352.024 to read as follows:
Sec. 352.024. ASSISTANCE BY VOLUNTEER IN HAZARDOUS OR
DANGEROUS SITUATION. The commissioners court of a county, the
county fire marshal, an incorporated volunteer fire department
under contract with a county under Section 352.001, or an emergency
management director or coordinator designated for the county under
Section 418.1015, Government Code, may request or accept any
voluntary assistance, including the loan or operation of
construction equipment or other heavy equipment by the owner or
licensed operator of the equipment, as applicable, to the extent
the commissioners court, county fire marshal, incorporated
volunteer fire department, or emergency management director or
coordinator believes necessary to address a hazardous or dangerous
situation.
SECTION 4. Section 79.003(c), Civil Practice and Remedies
Code, and Sections 342.006 and 352.024, Local Government Code, as
added by this Act, are intended only to clarify existing law with
respect to:
(1) the power of certain local officials to request or
accept certain voluntary assistance in certain situations; and
(2) the applicability of Section 79.003, Civil
Practice and Remedies Code, to certain persons providing certain
voluntary assistance in certain situations.
SECTION 5. 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.