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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of individuals providing labor or |
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assistance to the Texas Forest Service in the performance of |
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certain fire suppression duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 88.104, Education Code, is amended to |
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read as follows: |
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Sec. 88.104. AUTHORITY TO ENTER PRIVATE LAND. (a) |
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Authority is hereby granted to every employee of the Texas Forest |
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Service and any outside labor or assistance the employee deems |
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necessary to enter upon any privately-owned land in the performance |
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of fire suppression duties which are by state law under the |
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direction of the director. These entries on privately-owned land |
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may be made whenever it is necessary to investigate forest and grass |
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fires and to ascertain whether they are burning uncontrolled, and |
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whenever it is necessary to suppress forest and grass fires that are |
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known to be burning uncontrolled. |
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(b) An individual providing labor or assistance to the Texas |
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Forest Service under Subsection (a) is not liable for civil |
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damages, including personal injury, wrongful death, property |
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damage, death, or other loss resulting from any act, error, or |
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omission by the individual in providing that labor or assistance |
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unless the act, error, or omission: |
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(1) proximately caused the loss; and |
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(2) was performed with malice or constitutes gross |
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negligence, recklessness, or intentional misconduct. |
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SECTION 2. Section 88.104(b), Education Code, as added by |
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this Act, applies only to an act, error, or omission that occurs on |
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or after the effective date of this Act. |
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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. |