| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the liability of licensed professional engineers for |
|
|
damages arising from certain services provided during an emergency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 150, Civil Practice and Remedies Code, |
|
|
is amended by adding Section 150.003 to read as follows: |
|
|
Sec. 150.003. LIABILITY FOR SERVICES RENDERED DURING |
|
|
DISASTER. (a) This section applies only to a licensed professional |
|
|
engineer who provides engineering services if the services: |
|
|
(1) subject to Subsection (d), are provided |
|
|
voluntarily and without compensation or the expectation of |
|
|
compensation; |
|
|
(2) are related to a declared federal, state, or local |
|
|
emergency caused by a major earthquake, hurricane, tornado, fire, |
|
|
explosion, collapse, flood, or other similar disaster or |
|
|
catastrophic event; |
|
|
(3) are provided at the request or with the approval of |
|
|
a federal, state, or local public official acting in an official |
|
|
capacity, including a law enforcement official, public safety |
|
|
official, or building inspection official; and |
|
|
(4) are related to a structure, building, roadway, |
|
|
piping, or other system, either publicly or privately owned. |
|
|
(b) A licensed professional engineer who provides the |
|
|
services to which this section applies does not violate a standard |
|
|
of care that would subject the engineer to liability for civil |
|
|
damages, including personal injury, wrongful death, property |
|
|
damage, or other loss related to the engineer's act, error, or |
|
|
omission in the performance of the services, unless the act, error, |
|
|
or omission constitutes: |
|
|
(1) gross negligence; or |
|
|
(2) wanton, wilful, or intentional misconduct. |
|
|
(c) This section does not apply to a licensed professional |
|
|
engineer who is at the scene of the emergency to solicit business or |
|
|
perform a service for compensation on behalf of the engineer or a |
|
|
person for whom the engineer is an agent. |
|
|
(d) The entitlement of a licensed professional engineer to |
|
|
receive compensation for services to which this section applies |
|
|
does not determine whether the services provided by the engineer |
|
|
were provided voluntarily and without compensation or the |
|
|
expectation of compensation. |
|
|
SECTION 2. This Act applies only to a cause of action that |
|
|
accrues on or after the effective date of this Act. 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. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |