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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of certain persons for damages arising |
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from training exercises to prepare the persons to respond to |
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certain emergencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 78, Civil Practice and Remedies Code, is |
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amended by adding Subchapter D to read as follows: |
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SUBCHAPTER D. LIABILITY FOR TRAINING EXERCISES |
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Sec. 78.151. LIABILITY FOR TRAINING EXERCISES. A person is |
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not liable for damages resulting from the person's execution of a |
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training exercise intended to prepare the person to respond to a |
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fire or emergency to which this chapter applies to the same extent |
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that the person would not be liable under this chapter for damages |
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resulting from the person's actions in responding to a fire or |
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emergency. |
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SECTION 2. Chapter 79, Civil Practice and Remedies Code, is |
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amended by adding Section 79.004 to read as follows: |
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Sec. 79.004. LIABILITY FOR TRAINING EXERCISES. Except in a |
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case of reckless conduct or intentional, wilful, or wanton |
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misconduct, a person who is immune from civil liability for an act |
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or omission that occurs in giving care, assistance, or advice with |
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respect to the management of an incident to which this chapter |
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applies is immune from civil liability for an act or omission that |
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occurs during the execution of a training exercise intended to |
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prepare the person to give that care, assistance, or advice. |
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SECTION 3. This Act applies to an act or omission in |
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relation to a training exercise the execution of which begins on or |
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after the effective date of this Act, without regard to whether the |
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planning or scheduling of the exercise took place before, on, or |
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after that date. |
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SECTION 4. This Act takes effect September 1, 2013. |