83R12503 TJS-D
By: Bell, Clardy, Otto, Guerra, Flynn, H.B. No. 487
et al.
Substitute the following for H.B. No. 487:
By: Lewis C.S.H.B. No. 487
A BILL TO BE ENTITLED
AN ACT
relating to liability of certain persons assisting in man-made or
natural disasters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 370, Local Government Code, is amended
by adding Section 370.006 to read as follows:
Sec. 370.006. ASSISTANCE IN MAN-MADE OR NATURAL DISASTER.
(a) 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 care, assistance, or advice
described by Section 79.003(a), Civil Practice and Remedies Code,
including the loan or operation of construction equipment or other
heavy equipment by the owner or operator of the equipment, as
applicable, or the donation of resources to the extent the
governing body, chief, or emergency management director or
coordinator believes necessary to address a man-made or natural
disaster.
(b) The commissioners court of a county, the county judge,
the county fire marshal, an incorporated volunteer fire department
under contract with a county under Section 352.001, a volunteer
fire department described by Section 352.005, as applicable, or an
emergency management director or coordinator designated for the
county under Section 418.1015, Government Code, may request or
accept any care, assistance, or advice described by Section
79.003(a), Civil Practice and Remedies Code, including the loan or
operation of construction equipment or other heavy equipment by the
owner or operator of the equipment, as applicable, or the donation
of resources to the extent the commissioners court, county judge,
county fire marshal, volunteer fire department, or emergency
management director or coordinator believes necessary to address a
man-made or natural disaster.
(c) A person as defined by Section 79.001, Civil Practice
and Remedies Code, who provides care, assistance, or advice to a
municipality or county in the manner described by this section is
immune from civil liability as provided by Section 79.003, Civil
Practice and Remedies Code.
(d) Subsection (a) or (b) does not authorize the acceptance
of care, assistance, or advice in violation of any other law or
contractual agreement that prohibits the acceptance of that care,
assistance, or advice.
SECTION 2. Section 370.006, Local Government Code, as added
by this Act, is intended only to clarify existing law with respect
to:
(1) the power of certain local officials to request or
accept certain assistance in certain situations; and
(2) the applicability of Section 79.003, Civil
Practice and Remedies Code, to certain persons providing certain
assistance in certain situations.
SECTION 3. 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.