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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of certain persons assisting in man-made or |
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natural disasters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 370, Local Government Code, is amended |
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by adding Section 370.006 to read as follows: |
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Sec. 370.006. ASSISTANCE IN MAN-MADE OR NATURAL DISASTER. |
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(a) The governing body of a municipality, the chief of the fire |
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department, or an emergency management director or coordinator |
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designated for the municipality under Section 418.1015, Government |
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Code, may request or accept any care, assistance, or advice |
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described by Section 79.003(a), Civil Practice and Remedies Code, |
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including the loan or operation of construction equipment or other |
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heavy equipment by the owner or operator of the equipment, as |
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applicable, or the donation of resources to the extent the |
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governing body, chief, or emergency management director or |
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coordinator believes necessary to address a man-made or natural |
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disaster. |
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(b) The commissioners court of a county, the county judge, |
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the county fire marshal, an incorporated volunteer fire department |
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under contract with a county under Section 352.001, a volunteer |
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fire department described by Section 352.005, as applicable, or an |
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emergency management director or coordinator designated for the |
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county under Section 418.1015, Government Code, may request or |
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accept any care, assistance, or advice described by Section |
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79.003(a), Civil Practice and Remedies Code, including the loan or |
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operation of construction equipment or other heavy equipment by the |
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owner or operator of the equipment, as applicable, or the donation |
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of resources to the extent the commissioners court, county judge, |
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county fire marshal, volunteer fire department, or emergency |
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management director or coordinator believes necessary to address a |
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man-made or natural disaster. |
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(c) A person as defined by Section 79.001, Civil Practice |
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and Remedies Code, who provides care, assistance, or advice to a |
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municipality or county in the manner described by this section is |
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immune from civil liability as provided by Section 79.003, Civil |
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Practice and Remedies Code. |
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(d) Subsection (a) or (b) does not authorize the acceptance |
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of care, assistance, or advice in violation of any other law or |
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contractual agreement that prohibits the acceptance of that care, |
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assistance, or advice. |
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SECTION 2. Section 370.006, Local Government Code, as added |
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by this Act, is intended only to clarify existing law with respect |
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to: |
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(1) the power of certain local officials to request or |
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accept certain assistance in certain situations; and |
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(2) the applicability of Section 79.003, Civil |
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Practice and Remedies Code, to certain persons providing certain |
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assistance in certain situations. |
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SECTION 3. 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, 2013. |