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.