Texas 2019 - 86th Regular

Texas House Bill HB3365 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3365
	1	+	By: Paul, Farrar (Senate Sponsor - Alvarado) H.B. No. 3365
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 14, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 14, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the civil liability of certain persons providing
6	12		disaster assistance.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 79.003, Civil Practice and Remedies
9	15		Code, is amended to read as follows:
10	16		Sec. 79.003. DISASTER ASSISTANCE. (a) Except in a case of
11	17		reckless conduct or intentional, wilful, or wanton misconduct, a
12	18		person is immune from civil liability for an act or omission that
13	19		occurs in giving care, assistance, or advice with respect to the
14	20		management of an incident:
15	21		(1) that is a man-made or natural disaster that
16	22		endangers or threatens to endanger individuals, property, or the
17	23		environment, including a major disaster declared by the president
18	24		of the United States or a disaster declared under Section 418.014,
19	25		Government Code; and
20	26		(2) in which the care, assistance, or advice is
21	27		provided at the request of:
22	28		(A) an authorized representative of a local,
23	29		state, or federal agency, including a fire department, a police
24	30		department, an emergency management agency, and a disaster response
25	31		agency; or
26	32		(B) a charitable organization, as that term is
27	33		defined by Section 84.003, that provides services to mitigate the
28	34		effects of a disaster described by Subdivision (1).
29	35		(b) Subsection (a) [This section] does not apply to a person
30	36		giving care, assistance, or advice for or in expectation of
31	37		compensation from or on behalf of the recipient of the care,
32	38		assistance, or advice in excess of reimbursement for expenses
33	39		incurred.
34	40		(c) Notwithstanding Chapter 101 or any other law, an entity
35	41		and the authorized representative of the entity are not liable
36	42		under the laws of this state for the act or omission of a person
37	43		providing care, assistance, or advice on request under Subsection
38	44		(a)(2)(A).
39	45		(d) Notwithstanding Chapter 84 or any other law, a
40	46		charitable organization is not liable under the laws of this state
41	47		for the act or omission of a person providing care, assistance, or
42	48		advice on request under Subsection (a)(2)(B).
43	49		(e) The immunities provided by this section are in addition
44	50		to any other immunity or limitations of liability provided by law,
45	51		including Subchapter D, Chapter 74, this chapter, or Chapter 78 or
46	52		78A of this code or Section 418.006, Government Code.
47	53		SECTION 2. Section 79.003, Civil Practice and Remedies
48	54		Code, as amended by this Act, applies only to a cause of action that
49	55		accrues on or after the effective date of this Act.
50	56		SECTION 3. This Act takes effect immediately if it receives
51	57		a vote of two-thirds of all the members elected to each house, as
52	58		provided by Section 39, Article III, Texas Constitution. If this
53	59		Act does not receive the vote necessary for immediate effect, this
54	60		Act takes effect September 1, 2019.
55		-	______________________________ ______________________________
56		-	President of the Senate Speaker of the House
57		-	I certify that H.B. No. 3365 was passed by the House on May 3,
58		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
59		-	voting.
60		-	______________________________
61		-	Chief Clerk of the House
62		-	I certify that H.B. No. 3365 was passed by the Senate on May
63		-	19, 2019, by the following vote: Yeas 31, Nays 0.
64		-	______________________________
65		-	Secretary of the Senate
66		-	APPROVED: _____________________
67		-	Date
68		-	_____________________
69		-	Governor
	61	+	* * * * *