By Hernandez                                    H.B. No. 3193

      75R7470 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a certain duty of care owed to a firefighter or police

 1-3     officer.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  The heading to Chapter 78, Civil Practice and

 1-6     Remedies Code, is amended to read as follows:

 1-7          CHAPTER 78. [VOLUNTEER] FIRE FIGHTERS AND POLICE OFFICERS

 1-8           SECTION 2.  Section 78.001, Civil Practice and Remedies Code,

 1-9     is  designated as Subchapter A, Chapter 78, Civil Practice and

1-10     Remedies Code, and a heading to that subchapter is added to read as

1-11     follows:

1-12                      SUBCHAPTER A. DAMAGE TO PROPERTY

1-13           SECTION 3.  Chapter 78, Civil Practice and Remedies Code, is

1-14     amended by adding Subchapter B to read as follows:

1-15          SUBCHAPTER B.  DUTY OWED TO FIREFIGHTER OR POLICE OFFICER

1-16           Sec. 78.051.  DUTY OF OWNER, LESSEE, OR OCCUPANT.  For the

1-17     purposes of determining liability in a civil cause of action, an

1-18     owner, lessee, or occupant of real property owes the same duty of

1-19     care to fire protection personnel as defined by Section 419.021,

1-20     Government Code,  a volunteer firefighter,  or a peace officer as

1-21     defined by Article 2.12, Code of Criminal Procedure, that the

1-22     owner, lessee, or occupant owes to a business invitee.

1-23           SECTION 4.  This Act takes effect September 1, 1997, and

1-24     applies only to alleged tortious conduct that occurs on or after

 2-1     that date.  A civil action based on alleged tortious conduct that

 2-2     occurs before the effective date of this Act is governed by the law

 2-3     in effect at the time the incident occurred, and the former law is

 2-4     continued in effect for that purpose.

 2-5           SECTION 5.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.