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.

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