By: Nichols  S.B. No. 1267
         (In the Senate - Filed March 6, 2013; March 13, 2013, read
  first time and referred to Committee on State Affairs;
  April 3, 2013, reported favorably by the following vote:  Yeas 7,
  Nays 0; April 3, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the liability of individuals providing labor or
  assistance to the Texas Forest Service in the performance of
  certain fire suppression duties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 88.104, Education Code, is amended to
  read as follows:
         Sec. 88.104.  AUTHORITY TO ENTER PRIVATE LAND.  
  (a)  Authority is hereby granted to every employee of the Texas
  Forest Service and any outside labor or assistance the employee
  deems necessary to enter upon any privately-owned land in the
  performance of fire suppression duties which are by state law under
  the direction of the director. These entries on privately-owned
  land may be made whenever it is necessary to investigate forest and
  grass fires and to ascertain whether they are burning uncontrolled,
  and whenever it is necessary to suppress forest and grass fires that
  are known to be burning uncontrolled.
         (b)  An individual providing labor or assistance to the Texas
  Forest Service under Subsection (a) is not liable for civil
  damages, including personal injury, wrongful death, property
  damage, death, or other loss resulting from any act, error, or
  omission by the individual in providing that labor or assistance
  unless the act, error, or omission:
               (1)  proximately caused the loss; and
               (2)  was performed with malice or constitutes gross
  negligence, recklessness, or intentional misconduct.
         SECTION 2.  Subsection (b), Section 88.104, Education Code,
  as added by this Act, applies only to an act, error, or omission
  that occurs on or after the effective date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
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