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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 hazardous or |
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dangerous situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 79.003, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) This section applies to an owner or licensed operator of |
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construction equipment or other heavy equipment who provides |
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voluntary assistance to: |
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(1) a municipality in the manner described by Section |
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342.006, Local Government Code; or |
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(2) a county in the manner described by Section |
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352.024, Local Government Code. |
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SECTION 2. Subchapter A, Chapter 342, Local Government |
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Code, is amended by adding Section 342.006 to read as follows: |
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Sec. 342.006. ASSISTANCE BY VOLUNTEER IN HAZARDOUS OR |
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DANGEROUS SITUATION. The governing body of a municipality, the |
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chief of the fire department, or an emergency management director |
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or coordinator designated for the municipality under Section |
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418.1015, Government Code, may request or accept any voluntary |
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assistance, including the loan or operation of construction |
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equipment or other heavy equipment by the owner or licensed |
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operator of the equipment, as applicable, 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 hazardous or dangerous |
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situation. |
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SECTION 3. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.024 to read as follows: |
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Sec. 352.024. ASSISTANCE BY VOLUNTEER IN HAZARDOUS OR |
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DANGEROUS SITUATION. The commissioners court of a county, the |
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county fire marshal, an incorporated volunteer fire department |
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under contract with a county under Section 352.001, or an emergency |
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management director or coordinator designated for the county under |
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Section 418.1015, Government Code, may request or accept any |
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voluntary assistance, including the loan or operation of |
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construction equipment or other heavy equipment by the owner or |
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licensed operator of the equipment, as applicable, to the extent |
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the commissioners court, county fire marshal, incorporated |
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volunteer fire department, or emergency management director or |
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coordinator believes necessary to address a hazardous or dangerous |
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situation. |
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SECTION 4. Section 79.003(c), Civil Practice and Remedies |
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Code, and Sections 342.006 and 352.024, Local Government Code, as |
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added by this Act, are intended only to clarify existing law with |
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respect to: |
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(1) the power of certain local officials to request or |
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accept certain voluntary 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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voluntary assistance in certain situations. |
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SECTION 5. 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. |