SRC-SLL S.B. 1180 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1180
By: Madla
Jurisprudence
3-27-97
As Filed


DIGEST 

Currently, a firefighter or police officer who enters a premises to
perform his or her duties is considered a licensee in determining
liability in a civil cause of action.  This bill will provide that a
firefighter or police officer who enters a premises to perform his or her
duties is considered a business invitee in determining liability in a
civil cause of action. 

PURPOSE

As proposed, S.B. 1180 provides that a firefighter or police officer who
enters a premises to perform his or her duties is considered a business
invitee in determining liability in a civil cause of action. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 143I, Local Government Code, by adding Section
143.314, as follows: 

Sec.  143.314.  LIABILITY STATUS OF FIREFIGHTERS AND POLICE OFFICERS.
Provides that for purposes of liability, a firefighter or police officer
is considered to be a business invitee when the firefighter or police
officer is performing the firefighter's or police officer's duties. 

SECTION 2. Provides that firefighters or police officers are to be
considered invitees for subrogation purposes when municipalities seek
subrogation for any money that the municipalities have expended on behalf
of the firefighters or police officers. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.