Bill Text: TX HB403 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to liability of certain certified municipal inspectors for services rendered during an emergency or disaster.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [HB403 Detail]
Download: Texas-2013-HB403-Enrolled.html
| H.B. No. 403 | ||
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| relating to liability of certain certified municipal inspectors for | ||
| services rendered during an emergency or disaster. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 150.001, Civil Practice and Remedies | ||
| Code, is amended by amending Subdivision (1) and adding | ||
| Subdivisions (1-a) and (1-b) to read as follows: | ||
| (1) "Certified municipal inspector" means an | ||
| individual who is employed full-time by a political subdivision and | ||
| is currently: | ||
| (A) certified by a national model code group; or | ||
| (B) licensed as a plumbing inspector, as defined | ||
| by Section 1301.002, Occupations Code. | ||
| (1-a) "Licensed or registered professional" means a | ||
| licensed architect, licensed professional engineer, registered | ||
| professional land surveyor, registered landscape architect, or any | ||
| firm in which such licensed or registered professional practices, | ||
| including but not limited to a corporation, professional | ||
| corporation, limited liability corporation, partnership, limited | ||
| liability partnership, sole proprietorship, joint venture, or any | ||
| other business entity. | ||
| (1-b) "National model code group" means an | ||
| organization consisting of industry and government fire and | ||
| building safety officials that develops and promulgates a national | ||
| model code, as defined by Section 214.217, Local Government Code. | ||
| SECTION 2. Chapter 150, Civil Practice and Remedies Code, | ||
| is amended by adding Section 150.004 to read as follows: | ||
| Sec. 150.004. LIABILITY FOR SERVICES RENDERED BY CERTIFIED | ||
| MUNICIPAL INSPECTOR DURING EMERGENCY OR DISASTER. (a) This section | ||
| applies only to a certified municipal inspector who provides | ||
| inspection services if the services: | ||
| (1) are authorized by the scope of the inspector's: | ||
| (A) national model code group certification; or | ||
| (B) plumbing inspector's license under Chapter | ||
| 1301, Occupations Code; | ||
| (2) are provided voluntarily and without compensation | ||
| or the expectation of compensation from any source; | ||
| (3) are in response to and provided during the | ||
| duration of a proclaimed state of emergency under Section 433.001, | ||
| Government Code, or a declared state of disaster under Section | ||
| 418.014, Government Code; | ||
| (4) are provided at the request or with the approval of | ||
| a federal, state, or local public official acting in an official | ||
| capacity in response to the proclaimed state of emergency or | ||
| declared disaster, including a law enforcement official, public | ||
| safety official, or building inspection official; and | ||
| (5) are related to a structure, building, premises, | ||
| piping, or other system, either publicly or privately owned. | ||
| (b) A certified municipal inspector who provides the | ||
| services to which this section applies is not liable for civil | ||
| damages, including personal injury, wrongful death, property | ||
| damage, or other loss related to the inspector's act, error, or | ||
| omission in the performance of the services, unless the act, error, | ||
| or omission constitutes: | ||
| (1) gross negligence; or | ||
| (2) wanton, wilful, or intentional misconduct. | ||
| SECTION 3. This Act applies only to a cause of action that | ||
| accrues on or after the effective date of this Act. A cause of | ||
| action that accrues before the effective date of this Act is | ||
| governed by the law applicable to the cause of action immediately | ||
| before the effective date of this Act, and that law is continued in | ||
| effect for that purpose. | ||
| SECTION 4. 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 403 was passed by the House on April | ||
| 18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 403 was passed by the Senate on May | ||
| 15, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
