83R2809 SLB-F
 
  By: Guillen H.B. No. 332
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to tort liability arising from a volunteer's operation of
  a Parks and Wildlife Department motor-driven vehicle or
  motor-driven equipment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 11, Parks and Wildlife
  Code, is amended by adding Section 11.0281 to read as follows:
         Sec. 11.0281.  VOLUNTEER LIABILITY AND IMMUNITY.  (a) In
  this section, "volunteer" means a person rendering services for or
  on behalf of the department without the expectation of receiving
  monetary compensation from the department other than reimbursement
  for expenses incurred by the person during the performance of the
  service.  The term does not include:
               (1)  a person performing services as a result of a
  community service or community supervision sentence; or
               (2)  an inmate providing labor pursuant to Section
  497.091, Government Code, or similar law.
         (b)  Except as provided by Subsection (c), a volunteer while
  acting within the course and scope of the volunteer's assignment
  for the department is immune from civil liability for any act or
  omission of the volunteer resulting from the operation or use of a
  motor-driven vehicle or motor-driven equipment owned or leased by
  the department.
         (c)  This section does not apply to an act or omission that is
  intentional, wilfully negligent, or done with conscious
  indifference or reckless disregard for the safety of others.
         (d)  The department may, from any funds appropriated to the
  department, compensate a claimant for property damage, personal
  injury, or death proximately caused by the wrongful act or omission
  or the negligence of a volunteer acting within the scope of the
  volunteer's assignment if:
               (1)  the property damage, personal injury, or death
  arises from the operation or use of a motor-driven vehicle or
  motor-driven equipment owned or leased by the department; and
               (2)  the volunteer would be personally liable to the
  claimant under the laws of this state in the absence of the immunity
  provided by this section.
         (e)  The amount of compensation paid under Subsection (d) may
  not exceed the maximum amount applicable to a state agency as
  specified by Section 101.023(a), Civil Practice and Remedies Code.
         (f)  The attorney general shall represent the department in
  claims for compensation under this section.
         (g)  A volunteer operating or using a motor-driven vehicle or
  motor-driven equipment owned or leased by the department who is
  acting within the course and scope of a volunteer assignment for the
  department is exempt from the requirements of Chapter 601,
  Transportation Code.
         (h)  This section does not create any liability for or waive
  any immunity of the department, employees of the department, or
  volunteers for the department.
         SECTION 2.  The change in law made by Section 11.0281, Parks
  and Wildlife Code, as added by this Act, applies to an act or
  omission involving the operation of a motor-driven vehicle or
  motor-driven equipment occurring on or after the effective date of
  this Act. An act or omission involving the operation of a
  motor-driven vehicle or motor-driven equipment that occurs before
  the effective date of this Act is governed by the law in effect at
  the time the act or omission occurs, and that law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.