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By:  Lindsay                                                      S.B. No. 513


A BILL TO BE ENTITLED

AN ACT

relating to limiting the liability of certain persons giving care, 
assistance, or advice during a disaster.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 79, Civil Practice and Remedies Code, is 
amended by adding Section 79.003 to read as follows:
	Sec. 79.003.  DISASTER ASSISTANCE.  (a)  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:
		(1)  that is a man-made or natural disaster that 
endangers or threatens to endanger individuals, property, or the 
environment; and
		(2)  in which the care, assistance, or advice is 
provided at the request of an authorized representative of a local, 
state, or federal agency, including a fire department, police 
department, an emergency management agency, and a disaster response 
agency.
	(b)  This section does not apply to a person giving care, 
assistance, or advice for or in expectation of compensation from or 
on behalf of the recipient of the care, assistance, or advice in 
excess of reimbursement for expenses incurred.
	SECTION 2.  The heading to Chapter 79, Civil Practice and 
Remedies Code, is amended to read as follows:

CHAPTER 79.  LIABILITY OF PERSONS ASSISTING IN HAZARDOUS OR 
DANGEROUS SITUATIONS [MATERIALS]
	SECTION 3.  The heading to Section 79.002, Civil Practice 
and Remedies Code, is amended to read as follows:
	Sec. 79.002.  HAZARDOUS MATERIALS [LIABILITY OF PERSON 
GIVING ASSISTANCE].
	SECTION 4.  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.