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A BILL TO BE ENTITLED
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AN ACT
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relating to tort liability arising from a volunteer's operation of |
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a Parks and Wildlife Department motor-driven vehicle or |
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motor-driven equipment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 11, Parks and Wildlife |
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Code, is amended by adding Section 11.0281 to read as follows: |
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Sec. 11.0281. VOLUNTEER LIABILITY AND IMMUNITY. (a) In |
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this section, "volunteer" means a person rendering services for or |
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on behalf of the department without the expectation of receiving |
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monetary compensation from the department other than reimbursement |
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for expenses incurred by the person during the performance of the |
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service. The term does not include: |
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(1) a person performing services as a result of a |
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community service or community supervision sentence; or |
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(2) an inmate providing labor pursuant to Section |
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497.091, Government Code, or similar law. |
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(b) Except as provided by Subsection (c), a volunteer while |
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acting within the course and scope of the volunteer's assignment |
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for the department is immune from civil liability for any act or |
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omission of the volunteer resulting from the operation or use of a |
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motor-driven vehicle or motor-driven equipment owned or leased by |
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the department. |
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(c) This section does not apply to an act or omission that is |
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intentional, wilfully negligent, or done with conscious |
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indifference or reckless disregard for the safety of others. |
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(d) The department shall, from any funds appropriated to the |
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department, compensate a claimant for property damage, personal |
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injury, or death proximately caused by the wrongful act or omission |
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or the negligence of a volunteer acting within the scope of the |
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volunteer's assignment if: |
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(1) the property damage, personal injury, or death |
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arises from the operation or use of a motor-driven vehicle or |
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motor-driven equipment owned or leased by the department; and |
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(2) the volunteer would be personally liable to the |
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claimant under the laws of this state in the absence of the immunity |
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provided by this section. |
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(e) The amount of compensation paid under Subsection (d) may |
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not exceed the maximum amount applicable to a state agency as |
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specified by Section 101.023(a), Civil Practice and Remedies Code. |
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(f) A volunteer operating or using a motor-driven vehicle or |
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motor-driven equipment owned or leased by the department who is |
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acting within the course and scope of a volunteer assignment for the |
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department is exempt from the requirements of Chapter 601, |
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Transportation Code. |
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(g) Except as provided by Subsection (d), this section does |
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not create any liability of or waive any immunity of the department, |
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employees of the department, or volunteers for the department. |
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SECTION 2. The change in law made by Section 11.0281, Parks |
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and Wildlife Code, as added by this Act, applies to an act or |
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omission involving the operation of a motor-driven vehicle or |
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motor-driven equipment occurring on or after the effective date of |
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this Act. An act or omission involving the operation of a |
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motor-driven vehicle or motor-driven equipment that occurs before |
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the effective date of this Act is governed by the law in effect at |
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the time the act or omission occurs, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |