Texas House Bill HB323

Texas 2015 - 84th Regular

• Filed: 11/18/14

Caption

Relating to tort liability arising from a volunteer's operation of a Parks and Wildlife Department motor-driven vehicle or motor-driven equipment.

Impact

The passage of HB 323 amends the Parks and Wildlife Code, specifically adding Section 11.0281 which details the conditions under which volunteer immunity applies. This legal change is intended to create an environment where volunteers can contribute more freely, knowing they will not face the potential for significant legal consequences related to their service. Additionally, it clarifies the department's responsibility to compensate for damages caused by volunteer actions, limiting liability to the maximum allowable under state law.

Summary

House Bill 323 addresses tort liability for volunteers operating motor-driven vehicles or equipment owned by the Texas Parks and Wildlife Department. The bill establishes a legal framework that provides immunity to volunteers acting within the scope of their assignments, protecting them from civil liability for acts or omissions while using department-owned vehicles and equipment. This immunity extends to actions that may typically result in liability, thus encouraging volunteer participation without the fear of personal legal repercussions.

Sentiment

General sentiment around the bill appears to be supportive among those promoting volunteerism within the Parks and Wildlife sector. Proponents argue that the bill removes barriers for individuals wishing to contribute their time and resources, thereby facilitating a more vibrant and engaging volunteer program. Conversely, there may be concerns from advocates who prioritize comprehensive regulations concerning volunteer liability, potentially fearing that such immunity could lead to negligence or reduced accountability.

Contention

A notable point of contention in the discussion of HB 323 revolves around the balance between encouraging volunteer participation and ensuring accountability in operations involving motor-driven vehicles. Critics may question whether the immunity provided could inadvertently promote reckless behavior, as it exempts volunteers from liability unless their actions are intentional or grossly negligent. Debates likely focus on how best to protect volunteers while maintaining safety and responsible use of department resources.