By:  Johnson                                           H.B. No. 483
       73R2188 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability for certain persons who provide shelter
    1-3  for the homeless.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 85 to read as follows:
    1-7          CHAPTER 85.  PROVISION OF SHELTER FOR THE HOMELESS
    1-8        Sec. 85.001.  DEFINITION.  In this chapter, "nonprofit
    1-9  organization" means an incorporated or unincorporated organization
   1-10  that has been established and is operating for religious,
   1-11  charitable, or educational purposes and that does not distribute
   1-12  any of its income to its members, directors, or officers.
   1-13        Sec. 85.002.  LIABILITY OF INDIVIDUAL.  (a)  An officer, a
   1-14  director, a trustee, a member, an employee, or a volunteer of a
   1-15  nonprofit organization that provides shelter for homeless persons
   1-16  without requiring anything of monetary value from the persons for
   1-17  the provision of the shelter is not liable for damages for personal
   1-18  injury or death proximately caused by the physical condition of the
   1-19  shelter.
   1-20        (b)  This section does not apply to an act or omission that
   1-21  constitutes gross negligence, recklessness, or intentional
   1-22  misconduct.
   1-23        Sec. 85.003.  LIABILITY OF NONPROFIT ORGANIZATION.  (a)  A
   1-24  nonprofit organization that provides shelter for homeless persons
    2-1  without requiring anything of monetary value from the persons for
    2-2  the provision of the shelter is not liable for damages for personal
    2-3  injury or death proximately caused by the physical condition of the
    2-4  shelter.
    2-5        (b)  This section does not apply to an act or omission that
    2-6  constitutes gross negligence, recklessness, or intentional
    2-7  misconduct.
    2-8        SECTION 2.  This Act applies only to a cause of action that
    2-9  accrues on or after the effective date of this Act.  An action that
   2-10  accrued before the effective date of this Act is governed by the
   2-11  law in effect at the time the action accrued, and that law is
   2-12  continued in effect for that purpose.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.