By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 1450
         (In the Senate - Received from the House April 27, 2011;
  May 2, 2011, read first time and referred to Committee on
  Agriculture and Rural Affairs; May 11, 2011, reported favorably by
  the following vote:  Yeas 3, Nays 0; May 11, 2011, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a study regarding tort liability arising from a
  volunteer's operation of a Parks and Wildlife Department vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  The Parks and Wildlife Department shall
  conduct a study and issue a report regarding potential tort
  liability arising from the operation of a department-owned motor
  vehicle by a person in the course and scope of performing volunteer
  services for the department.
         (b)  In conducting the study, the department shall consult
  with:
               (1)  the Office of the Attorney General;
               (2)  the State Office of Risk Management;
               (3)  the Texas Department of Insurance;
               (4)  organized volunteer groups; and
               (5)  other interested persons and organizations.
         (c)  The report required by Subsection (a) of this section
  must:
               (1)  identify and evaluate alternatives for providing
  tort liability protection for persons operating a department-owned
  motor vehicle in the course and scope of performing volunteer
  services for the department;
               (2)  evaluate the extent to which the alternatives
  provide protection for members of the public, including visitors to
  department sites; and
               (3)  make recommendations for providing the tort
  liability protection described by Subdivision (1) of this
  subsection, including proposed legislative changes necessary to
  implement the recommendations, and specify the estimated costs of
  implementing the recommendations.
         (d)  The department shall submit the report required by
  Subsection (a) of this section not later than December 1, 2012, to:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives;
               (4)  the chair of the House Committee on Culture,
  Recreation, and Tourism; and
               (5)  the chair of the Senate Committee on Natural
  Resources.
         (e)  This section expires September 1, 2013.
         SECTION 2.  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.
 
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