HBA-DMH, RKM H.B. 235 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 235 By: Hawley Civil Practices 4/2/2001 Introduced BACKGROUND AND PURPOSE School districts, municipalities, counties, and other political subdivisions (governmental units) are called upon during times of disaster to provide transportation and shelter using public property. Some governmental units have expressed concern about liability implications arising from the use of such property and have been reluctant to provide access to public property during times of disaster. This situation creates a burden on local emergency management organizations. House Bill 235 provides governmental units immunity from liability for damages arising from the use of property by the state or a political subdivision relating to a disaster response or recovery during a declared state or local disaster. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 235 amends the Government Code to provide a person, including a governmental unit, immunity from liability for damages arising from the use of the person's property by the state or a political subdivision for disaster response or recovery during a declared state or local disaster. The bill establishes that immunity applies when a person's property is offered to the state or a political subdivision as a gift, grant, or loan and when the property is commandeered by the governor to cope with a disaster. The bill specifies that immunity does not apply to a claim for damages against a person, other than a governmental unit, that offers property to the state or a political subdivision with willful or wanton negligence, with conscious indifference, or with reckless disregard for the safety of others. The bill also provides that the Texas Tort Claims Act does not apply to a claim for damages that arises from the use of a person's property by the state or a political subdivision for disaster response or recovery during a declared state or local disaster. EFFECTIVE DATE On passage, or if the Act does not receive the necessary votes, the Act takes effect September 1, 2001.