|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the civil liability of a political party on primary |
|
election day. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 161, Election Code, is amended by adding |
|
Section 161.011 to read as follows: |
|
Sec. 161.011. LIABILITY OF POLITICAL PARTY ON PRIMARY |
|
ELECTION DAY. (a) Except as provided by Subsection (b), a political |
|
party holding a primary election is immune from civil liability for |
|
any act or omission resulting in death, damage, or injury that |
|
occurs on: |
|
(1) primary election day at: |
|
(A) a polling place used for voting; or |
|
(B) the site of a precinct convention; or |
|
(2) runoff primary election day at a polling place |
|
used for voting. |
|
(b) This section does not apply to an act or omission that is |
|
intentional, willfully negligent, or done with conscious |
|
indifference or reckless disregard for the safety of others. |
|
(c) A political party holding a primary election is liable |
|
to a person for death, damage, or injury to the person or his |
|
property proximately caused by any act or omission arising from the |
|
operation or use of any motor-driven equipment, including an |
|
airplane, to the extent insurance coverage is required by Chapter |
|
601, Transportation Code, and to the extent of any existing |
|
insurance coverage applicable to the act or omission. |
|
SECTION 2. This Act applies only to a cause of action that |
|
accrues on or after the effective date of this Act. A cause of |
|
action that accrues before the effective date of this Act is |
|
governed by the law applicable to the cause of action immediately |
|
before the effective date of this Act, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2009. |