BILL ANALYSIS

H.B. 1666

By: Bonnen, Dennis

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties point out that good Samaritan laws cover emergency and disaster volunteers during an actual response, leaving the thousands of volunteers and the volunteer organizations they work for exposed to liability during planning, training, and exercises. H.B. 1666 seeks to extend immunity from liability to emergency and disaster volunteers during planning and training exercises. 

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1666 amends the Civil Practice and Remedies Code to grant a person immunity from liability for damages resulting from the person's execution of a training exercise intended to prepare the person to respond to a fire or emergency to the same extent that the person is immune from liability for damages resulting from the person's actions in responding to such a fire or emergency.

H.B. 1666 establishes that a person who is immune from civil liability for an act or omission that occurs in giving care, assistance, or advice with respect to the management of an incident that involves the storage or transportation of hazardous materials or arises from a man-made or natural disaster and that endangers or threatens to endanger individuals, property, or the environment is also immune from liability, except in a case of reckless conduct or intentional, wilful, or wanton misconduct, for an act or omission that occurs during the execution of a training exercise intended to prepare the person to give that care, assistance, or advice.

EFFECTIVE DATE

September 1, 2015.