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.