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78R3355 DAK-D

By:  Jones of Bexar                                               H.B. No. 685



A BILL TO BE ENTITLED

AN ACT

relating to the liability of a private person rendering aid at the 
request of a governmental unit in an emergency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 4, Civil Practice and Remedies Code, is 
amended by adding Chapter 94 to read as follows:

CHAPTER 94.  LIABILITY OF PRIVATE PERSON RENDERING AID AT REQUEST OF 
GOVERNMENTAL UNIT IN EMERGENCY
	Sec. 94.001.  DEFINITION. In this chapter, "governmental 
unit" has the meaning assigned by Section 101.001.
	Sec. 94.002.  LIMITATION ON LIABILITY. (a)  A private person 
who renders aid at the request of a governmental unit or an agency 
or department of a governmental unit in an emergency is not liable 
for damages arising from rendering the aid.
	(b)  This section applies without regard to whether an actual 
emergency exists if the governmental unit or agency or department 
of the governmental unit at the time the request is made to the 
private person believes in good faith that an emergency exists.
	Sec. 94.003.  APPLICABILITY. This chapter does not apply to 
an act or omission by a private person that is:
		(1)  wilfully or wantonly negligent; or                                
		(2)  done with conscious indifference or reckless 
disregard for the safety of others.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  An action that accrued before the effective date of this Act 
is governed by the law applicable to the action immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.