| 1 | 1 | | By: Nichols S.B. No. 1267 |
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| 2 | 2 | | (Clardy, Bell) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of individuals providing labor or |
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| 8 | 8 | | assistance to the Texas Forest Service in the performance of |
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| 9 | 9 | | certain fire suppression duties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 88.104, Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 88.104. AUTHORITY TO ENTER PRIVATE LAND. |
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| 14 | 14 | | (a) Authority is hereby granted to every employee of the Texas |
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| 15 | 15 | | Forest Service and any outside labor or assistance the employee |
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| 16 | 16 | | deems necessary to enter upon any privately-owned land in the |
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| 17 | 17 | | performance of fire suppression duties which are by state law under |
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| 18 | 18 | | the direction of the director. These entries on privately-owned |
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| 19 | 19 | | land may be made whenever it is necessary to investigate forest and |
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| 20 | 20 | | grass fires and to ascertain whether they are burning uncontrolled, |
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| 21 | 21 | | and whenever it is necessary to suppress forest and grass fires that |
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| 22 | 22 | | are known to be burning uncontrolled. |
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| 23 | 23 | | (b) An individual providing labor or assistance to the Texas |
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| 24 | 24 | | Forest Service under Subsection (a) is not liable for civil |
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| 25 | 25 | | damages, including personal injury, wrongful death, property |
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| 26 | 26 | | damage, death, or other loss resulting from any act, error, or |
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| 27 | 27 | | omission by the individual in providing that labor or assistance |
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| 28 | 28 | | unless the act, error, or omission: |
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| 29 | 29 | | (1) proximately caused the loss; and |
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| 30 | 30 | | (2) was performed with malice or constitutes gross |
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| 31 | 31 | | negligence, recklessness, or intentional misconduct. |
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| 32 | 32 | | SECTION 2. Subsection (b), Section 88.104, Education Code, |
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| 33 | 33 | | as added by this Act, applies only to an act, error, or omission |
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| 34 | 34 | | that occurs on or after the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2013. |
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