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.