SRC-AMY S.B. 513 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 513
By: Lindsay
State Affairs
8/13/2003
Enrolled

DIGEST AND PURPOSE 

Currently, a person is immune from civil liability for an act or omission
that occurs in giving care, assistance, or advice with respect to the
management of an incident, except in a case of reckless conduct or
intentional, wilful, or wanton misconduct.  S.B. 513 extends immunity from
civil liability for response activities relating to hazardous materials to
response activities relating to both manmade or natural disasters when the
assistance is requested by an authorized government official.    

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 79, Civil Practice and Remedies Code, by adding
Section 79.003, as follows: 

Sec.  79.003.  DISASTER ASSISTANCE.  (a)  Provides that, except in a case
of reckless conduct or intentional, wilful, or wanton misconduct, a person
is immune from civil liability for an act or omission that occurs in
giving care, assistance, or advice with respect to the management of an
incident that is a disaster if certain conditions are met. 

(b)  Provides that this section does not apply to a person giving care,
assistance, or advice for or in expectation of compensation from or behalf
of the recipient of the care, assistance, or advice in excess of
reimbursement for expenses incurred.      

SECTION 2.  Amends the heading of Chapter 79, Civil Practice and Remedies
Code, to read as follows: 

  CHAPTER 79.  LIABILITY OF PERSONS ASSISTING IN HAZARDOUS OR DANGEROUS
SITUATIONS 
 
SECTION 3.  Amends the heading to Section 79.002, Civil Practice and
Remedies Code, to read as follows: 

Section 79.002.  HAZARDOUS MATERIALS.

SECTION 4.   Effective date:  September 1, 2003.
                       Makes application of this Act prospective.