| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability of certain certified municipal inspectors for |
|
|
services rendered during an emergency or disaster. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 150.001, Civil Practice and Remedies |
|
|
Code, is amended by amending Subdivision (1) and adding |
|
|
Subdivisions (1-a) and (1-b) to read as follows: |
|
|
(1) "Certified municipal inspector" means an |
|
|
individual who is employed full-time by a political subdivision and |
|
|
is currently: |
|
|
(A) certified by a national model code group; or |
|
|
(B) licensed as a plumbing inspector, as defined |
|
|
by Section 1301.002, Occupations Code. |
|
|
(1-a) "Licensed or registered professional" means a |
|
|
licensed architect, licensed professional engineer, registered |
|
|
professional land surveyor, registered landscape architect, or any |
|
|
firm in which such licensed or registered professional practices, |
|
|
including but not limited to a corporation, professional |
|
|
corporation, limited liability corporation, partnership, limited |
|
|
liability partnership, sole proprietorship, joint venture, or any |
|
|
other business entity. |
|
|
(1-b) "National model code group" means an |
|
|
organization consisting of industry and government fire and |
|
|
building safety officials that develops and promulgates a national |
|
|
model code, as defined by Section 214.217, Local Government Code. |
|
|
SECTION 2. Chapter 150, Civil Practice and Remedies Code, |
|
|
is amended by adding Section 150.004 to read as follows: |
|
|
Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED |
|
|
MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER. (a) This section |
|
|
applies only to a certified municipal inspector who provides |
|
|
inspection services if the services: |
|
|
(1) are authorized by the scope of the inspector's: |
|
|
(A) national model code group certification; or |
|
|
(B) plumbing inspector's license under Chapter |
|
|
1301, Occupations Code; |
|
|
(2) are provided voluntarily and without compensation |
|
|
or the expectation of compensation from any source other than the |
|
|
inspector's full-time employment with a municipality; |
|
|
(3) are in response to and provided during the |
|
|
duration of a proclaimed state of emergency under Section 433.001, |
|
|
Government Code, or a declared state of disaster under Section |
|
|
418.014, Government Code; |
|
|
(4) are provided at the request or with the approval of |
|
|
a federal, state, or local public official acting in an official |
|
|
capacity in response to the proclaimed state of emergency or |
|
|
declared disaster, including a law enforcement official, public |
|
|
safety official, or building inspection official; and |
|
|
(5) are related to a structure, building, premises, |
|
|
piping, or other system, either publicly or privately owned. |
|
|
(b) A certified municipal inspector who provides the |
|
|
services to which this section applies is not liable for civil |
|
|
damages, including personal injury, wrongful death, property |
|
|
damage, or other loss related to the inspector'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. |
|
|
SECTION 3. 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 that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 4. 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, 2011. |