Texas 2013 - 83rd Regular

Texas House Bill HB487 Compare Versions

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1	1	By: Bell, et al. (Senate Sponsor - Nichols) H.B. No. 487
2	2	(In the Senate - Received from the House April 4, 2013;
3	3	April 8, 2013, read first time and referred to Committee on State
4	4	Affairs; April 29, 2013, reported favorably by the following vote:
5	5	Yeas 8, Nays 0; April 29, 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 persons assisting in man-made or
11	11	natural disasters.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 370, Local Government Code, is amended
14	14	by adding Section 370.006 to read as follows:
15	15	Sec. 370.006. ASSISTANCE IN MAN-MADE OR NATURAL DISASTER.
16	16	(a) The governing body of a municipality, the chief of the fire
17	17	department, or an emergency management director or coordinator
18	18	designated for the municipality under Section 418.1015, Government
19	19	Code, may request or accept any care, assistance, or advice
20	20	described by Section 79.003(a), Civil Practice and Remedies Code,
21	21	including the loan or operation of construction equipment or other
22	22	heavy equipment by the owner or operator of the equipment, as
23	23	applicable, or the donation of resources to the extent the
24	24	governing body, chief, or emergency management director or
25	25	coordinator believes necessary to address a man-made or natural
26	26	disaster.
27	27	(b) The commissioners court of a county, the county judge,
28	28	the county fire marshal, an incorporated volunteer fire department
29	29	under contract with a county under Section 352.001, a volunteer
30	30	fire department described by Section 352.005, as applicable, or an
31	31	emergency management director or coordinator designated for the
32	32	county under Section 418.1015, Government Code, may request or
33	33	accept any care, assistance, or advice described by Section
34	34	79.003(a), Civil Practice and Remedies Code, including the loan or
35	35	operation of construction equipment or other heavy equipment by the
36	36	owner or operator of the equipment, as applicable, or the donation
37	37	of resources to the extent the commissioners court, county judge,
38	38	county fire marshal, volunteer fire department, or emergency
39	39	management director or coordinator believes necessary to address a
40	40	man-made or natural disaster.
41	41	(c) A person as defined by Section 79.001, Civil Practice
42	42	and Remedies Code, who provides care, assistance, or advice to a
43	43	municipality or county in the manner described by this section is
44	44	immune from civil liability as provided by Section 79.003, Civil
45	45	Practice and Remedies Code.
46	46	(d) Subsection (a) or (b) does not authorize the acceptance
47	47	of care, assistance, or advice in violation of any other law or
48	48	contractual agreement that prohibits the acceptance of that care,
49	49	assistance, or advice.
50	50	SECTION 2. Section 370.006, Local Government Code, as added
51	51	by this Act, is intended only to clarify existing law with respect
52	52	to:
53	53	(1) the power of certain local officials to request or
54	54	accept certain assistance in certain situations; and
55	55	(2) the applicability of Section 79.003, Civil
56	56	Practice and Remedies Code, to certain persons providing certain
57	57	assistance in certain situations.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2013.
63	63	* * * * *