Bill Text: TX HB2751 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the liability of individuals providing labor or assistance to the Texas Forest Service in the performance of certain fire suppression duties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-25 - Laid on the table subject to call [HB2751 Detail]
Download: Texas-2013-HB2751-Comm_Sub.html
83R10693 KSD-D | ||
By: Clardy, Bell | H.B. No. 2751 |
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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. Section 88.104(b), 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. |