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A BILL TO BE ENTITLED
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AN ACT
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relating to a study regarding tort liability arising from a |
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volunteer's operation of a Parks and Wildlife Department vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Parks and Wildlife Department shall |
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conduct a study and issue a report regarding potential tort |
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liability arising from the operation of a department-owned motor |
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vehicle by a person in the course and scope of performing volunteer |
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services for the department. |
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(b) In conducting the study, the department shall consult |
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with: |
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(1) the Office of the Attorney General; |
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(2) the State Office of Risk Management; |
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(3) the Texas Department of Insurance; |
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(4) organized volunteer groups; and |
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(5) other interested persons and organizations. |
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(c) The report required by Subsection (a) of this section |
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must: |
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(1) identify and evaluate alternatives for providing |
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tort liability protection for persons operating a department-owned |
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motor vehicle in the course and scope of performing volunteer |
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services for the department; |
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(2) evaluate the extent to which the alternatives |
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provide protection for members of the public, including visitors to |
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department sites; and |
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(3) make recommendations for providing the tort |
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liability protection described by Subdivision (1) of this |
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subsection, including proposed legislative changes necessary to |
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implement the recommendations, and specify the estimated costs of |
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implementing the recommendations. |
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(d) The department shall submit the report required by |
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Subsection (a) of this section not later than December 1, 2012, to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; |
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(4) the chair of the House Committee on Culture, |
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Recreation, and Tourism; and |
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(5) the chair of the Senate Committee on Natural |
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Resources. |
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(e) This section expires September 1, 2013. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |