TITLE: Relating to the liability of certain persons for damages arising from training exercises to prepare the persons to respond to certain emergencies.

SUMMARY: Relating to the liability of certain persons for damages arising from training exercises to prepare the persons to respond to certain emergencies.

FULL TEXT:
AN ACT relating to the liability of certain persons for damages arising from training exercises to prepare the persons to respond to certain emergencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 78, Civil Practice and Remedies Code, is amended by adding Subchapter Dto read as follows: SUBCHAPTER D. LIABILITY FOR TRAINING EXERCISES Sec. 78.151. LIABILITY FOR TRAINING EXERCISES. A person is not liable for damages resulting from the person's execution of a training exercise intended to prepare the person to respond to a fire or emergency to which this chapter applies to the same extent that the person would not be liable under this chapter for damages resulting from the person's actions in responding to a fire or emergency. SECTION 2. Chapter 79, Civil Practice and Remedies Code, is amended by adding Section 79.004 to read as follows: Sec. 79.004. LIABILITY FOR TRAINING EXERCISES. Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a person who is immune from civil liability for an act or omission that occurs in giving care, assistance, or advice with respect to the management of an incident to which this chapter applies is immune from civil liability for an act or omission that occurs during the execution of a training exercise intended to prepare the person to give that care, assistance, or advice. SECTION 3. This Act applies to an act or omission in relation to a training exercise the execution of which begins on or after the effective date of this Act, without regard to whether the planning or scheduling of the exercise took place before, on, or after that date. SECTION 4. This Act takes effect September 1, 2013.