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.