1-1 By: Madla S.B. No. 1180
1-2 (In the Senate - Filed March 11, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 10, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 1; April 10, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1180 By: Wentworth
1-8 AN ACT
1-9 relating to a certain duty of care owed to a firefighter or police
1-10 officer.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. The heading to Chapter 78, Civil Practice and
1-13 Remedies Code, is amended to read as follows:
1-14 CHAPTER 78. [VOLUNTEER] FIRE FIGHTERS AND POLICE OFFICERS
1-15 SECTION 2. Section 78.001, Civil Practice and Remedies Code,
1-16 is designated as Subchapter A, Chapter 78, Civil Practice and
1-17 Remedies Code, and a heading to that subchapter is added to read as
1-18 follows:
1-19 SUBCHAPTER A. DAMAGE TO PROPERTY
1-20 SECTION 3. Chapter 78, Civil Practice and Remedies Code, is
1-21 amended by adding Subchapter B to read as follows:
1-22 SUBCHAPTER B. DUTY OWED TO FIRE FIGHTER OR POLICE OFFICER
1-23 Sec. 78.051. DUTY OF OWNER, LESSEE, OR OCCUPANT. For the
1-24 purposes of determining liability in a civil cause of action, an
1-25 owner, lessee, or occupant of real property owes the same duty of
1-26 care to fire protection personnel as defined by Section 419.021,
1-27 Government Code, a volunteer fire fighter, or a peace officer as
1-28 defined by Article 2.12, Code of Criminal Procedure, that the
1-29 owner, lessee, or occupant owes to a business invitee.
1-30 SECTION 4. This Act takes effect September 1, 1997, and
1-31 applies only to alleged tortious conduct that occurs on or after
1-32 that date. A civil action based on alleged tortious conduct that
1-33 occurs before the effective date of this Act is governed by the law
1-34 in effect at the time the incident occurred, and the former law is
1-35 continued in effect for that purpose.
1-36 SECTION 5. The importance of this legislation and the
1-37 crowded condition of the calendars in both houses create an
1-38 emergency and an imperative public necessity that the
1-39 constitutional rule requiring bills to be read on three several
1-40 days in each house be suspended, and this rule is hereby suspended.
1-41 * * * * *