By Hawley H.B. No. 235 77R581 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability for use of property for disaster response or 1-3 recovery. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter H, Chapter 418, Government Code, is 1-6 amended by adding Section 418.1745 to read as follows: 1-7 Sec. 418.1745. IMMUNITY FROM LIABILITY ARISING FROM USE OF 1-8 PROPERTY. (a) In this section, "governmental unit" has the meaning 1-9 assigned by Section 101.001, Civil Practice and Remedies Code. 1-10 (b) A person, including a governmental unit, is immune from 1-11 liability for damages arising from the use of the person's property 1-12 by the state or a political subdivision for disaster response or 1-13 recovery during a state of disaster declared under Section 418.014 1-14 or a local disaster declared under Section 418.108. 1-15 (c) This section applies without regard to whether the 1-16 person's property was offered to the state or a political 1-17 subdivision under Section 418.074 or commandeered in accordance 1-18 with Section 418.017(c). 1-19 (d) This section does not apply to a claim for damages 1-20 against a person, other than a governmental unit, that offered the 1-21 person's property to the state or a political subdivision, if the 1-22 act of offering the property was wilfully or wantonly negligent or 1-23 done with conscious indifference or reckless disregard for the 1-24 safety of others. 2-1 (e) Chapter 101, Civil Practice and Remedies Code, does not 2-2 apply to a claim for damages described by Subsection (b). 2-3 SECTION 2. This Act applies only to a cause of action that 2-4 accrues on or after the effective date of this Act. A cause of 2-5 action that accrues before the effective date of this Act is 2-6 governed by the law as it existed immediately before the effective 2-7 date of this Act, and that law is continued in effect for this 2-8 purpose. 2-9 SECTION 3. This Act takes effect immediately if it receives a 2-10 vote of two-thirds of all the members elected to each house, as 2-11 provided by Section 39, Article III, Texas Constitution. If this 2-12 Act does not receive the vote necessary for immediate effect, this 2-13 Act takes effect September 1, 2001.