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