86R13564 SCL-D
By: Paul H.B. No. 3365
A BILL TO BE ENTITLED
AN ACT
relating to the civil liability of certain persons providing
disaster assistance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 79.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 79.003. DISASTER ASSISTANCE. (a) Except in a case of
reckless conduct or intentional, wilful, or wanton misconduct, a
person is immune from civil liability for an act or omission that
occurs in giving care, assistance, or advice with respect to the
management of an incident:
(1) that is a man-made or natural disaster that
endangers or threatens to endanger individuals, property, or the
environment, including a major disaster declared by the president
of the United States or a disaster declared under Section 418.014,
Government Code; and
(2) in which the care, assistance, or advice is
provided at the request of:
(A) an authorized representative of a local,
state, or federal agency, including a fire department, a police
department, an emergency management agency, and a disaster response
agency; or
(B) a charitable organization, as that term is
defined by Section 84.003, that provides services to mitigate the
effects of a disaster described by Subdivision (1).
(b) Subsection (a) [This section] does not apply to a person
giving care, assistance, or advice for or in expectation of
compensation from or on behalf of the recipient of the care,
assistance, or advice in excess of reimbursement for expenses
incurred.
(c) Notwithstanding Chapter 101 or any other law, an entity
and the authorized representative of the entity are not liable
under the laws of this state for the act or omission of a person
providing care, assistance, or advice on request under Subsection
(a)(2)(A).
(d) Notwithstanding Chapter 84 or any other law, a
charitable organization is not liable under the laws of this state
for the act or omission of a person providing care, assistance, or
advice on request under Subsection (a)(2)(B).
(e) The immunities provided by this section are in addition
to any other immunity or limitations of liability provided by law,
including Subchapter D, Chapter 74, this chapter, or Chapter 78 or
78A of this code or Section 418.006, Government Code.
SECTION 2. Section 79.003, Civil Practice and Remedies
Code, as amended by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
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, 2019.