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


Senate Research Center   S.B. 513
78R4842 DAK-DBy: Lindsay
State Affairs
2/25/2003
As Filed


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 if certain factors are met except in a case of
reckless conduct or intentional, wilful, or wanton misconduct.  As
proposed, S.B. 513 would extend immunity from civil liability for response
activities relating to hazardous materials to response activities relating
to both man-made 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.