reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75B - Limited Liability for Recreational Vehicle Park and Campground Activities › Section 75B.003. Posted Warning

Sec. 75B.003.  POSTED WARNING.  For the purposes of limitation of liability under Section 75B.002(a), a recreational vehicle park or campground entity must post and maintain a sign in a clearly visible location on or near the  recreational vehicle park or campground.  The sign must contain the following language:
WARNING
TEXAS LAW (CHAPTER 75B, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND ENTITY FOR INJURIES OR DEATH OF A RECREATIONAL VEHICLE PARK OR CAMPGROUND PARTICIPANT RESULTING FROM A RECREATIONAL VEHICLE PARK OR CAMPGROUND ACTIVITY.
Added by Acts 2023, 88th Leg., R.S., Ch. 508 (H.B. 2636), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 76 - Food Donors › Section 76.001. Definitions

Sec. 76.001.  DEFINITIONS.  In this chapter:
(1)  "Donate" means to give without requiring anything of monetary value from the recipient.
(2)  "Intentional misconduct" means conduct that the actor knows is harmful to the health or well-being of another person.
(3)  "Nonprofit organization" means an incorporated or unincorporated organization that has been established and is operating for religious, charitable, or educational purposes and that does not distribute any of its income to its members, directors, or officers.
(4)  "Person" means an individual, corporation, partnership, organization, association, or governmental entity.
(5)  "Gleaner" means a person who harvests for free distribution to the needy an agricultural crop that has been donated by the owner.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 301, Sec. 1, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 1093, Sec. 1, eff. June 16, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 76 - Food Donors › Section 76.002. Short Title

Sec. 76.002.  SHORT TITLE.  This chapter may be cited as the Good Faith Donor Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 76 - Food Donors › Section 76.003. Apparently Wholesome Food

Sec. 76.003.  APPARENTLY WHOLESOME FOOD.  For the purposes of this chapter, food is apparently wholesome if the food meets all quality standards of local, county, state, and federal agricultural and health laws and rules, even though the food is not readily marketable due to appearance, age, freshness, grade, size, surplus, or other condition.  Canned goods that are leaking, swollen, dented on a seam, or no longer airtight are not apparently wholesome food.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 76 - Food Donors › Section 76.004. Liability for Damages From Donated Food

Sec. 76.004.  LIABILITY FOR DAMAGES FROM DONATED FOOD.  (a)  A person or gleaner is not subject to civil or criminal liability arising from the condition of apparently wholesome food that the person or gleaner donates to a church, a not-for-profit organization or a nonprofit organization for distribution to the needy, if the food is apparently wholesome at the time of donation. This subsection does not apply to an injury or death that results from an act or omission of the donor constituting gross negligence, recklessness, or intentional misconduct.
(b)  A person who is allowing his or her fields to be gleaned by volunteers for distribution to the needy is not subject to civil or criminal liability that arises due to the injury of a gleaner, unless an injury or death results from an act or omission of the person constituting gross negligence, recklessness, or intentional misconduct.
(c)  A nonprofit organization is not subject to civil or criminal liability arising from the condition of apparently wholesome food that it distributes to the needy at no charge in substantial compliance with applicable local, county, state, and federal laws and rules regarding the storage and handling of food for distribution to the public, if the food is apparently wholesome at the time of distribution. This subsection does not apply to an injury or death that results from an act or omission of the organization constituting gross negligence, recklessness, or intentional misconduct.
(d)  This chapter does not create any liability.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1093, Sec. 2, eff. June 16, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 517 (H.B. 1050), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 77 - Transplants and Transfusions › Section 77.001. Definition

Sec. 77.001.  DEFINITION.  In this chapter, "human body part" means any tissue, organ, blood, or components thereof from a human.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 77 - Transplants and Transfusions › Section 77.002. Policy

Sec. 77.002.  POLICY.  It is important to the health and welfare of the people of this state that scientific knowledge, skills, and materials be available for the procedures of transplantation, injection, transfusion, or other transfer of human body parts.  The imposition of strict liability on persons and organizations engaged in these scientific procedures inhibits the exercise of sound medical judgment and restricts the availability of the knowledge, skills, and materials.  It is therefore the public policy of this state to promote the health and welfare of the people by limiting the legal liability arising from those scientific procedures to instances of negligence.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 77 - Transplants and Transfusions › Section 77.003. Limitation of Liability

Sec. 77.003.  LIMITATION OF LIABILITY.  (a)  A person who donates, obtains, prepares, transplants, injects, transfuses, or transfers a human body part from a living or dead human to another human or a person who assists or participates in that activity is not liable as a result of that activity except for negligence, gross negligence, or an intentional tort.
(b)  The Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) does not apply with respect to claims for damages for personal injury or death resulting or alleged to have resulted from negligence on the part of the person described in Subsection (a) of this section in connection with an activity designated in said subsection.
(c)  The implied warranties of merchantability and fitness do not apply to the furnishing of human body parts by blood banks, tissue banks, or other similar organizations.  For purposes of this chapter, those human body parts are not considered commodities subject to sale or barter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1093, Sec. 6, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 77 - Transplants and Transfusions › Section 77.004. Blood Bank: Compensation of Seller

Sec. 77.004.  BLOOD BANK:  COMPENSATION OF SELLER.  (a)  This section applies only to a blood bank licensed either by the Division of Biological Standards of the National Institute of Health or by the American Association of Blood Banks.
(b)  A blood bank may not pay cash for blood.  A blood bank may not pay a blood seller by check unless the check is sent by United States mail to the seller after the 15th day following the day the blood is taken from the seller.
(c)  If a blood bank violates Subsection (b) and the blood contains harmful substances, the blood bank is not entitled to the immunity established by this chapter.  The blood bank has the burden of establishing that the blood was not purchased in violation of Subsection (b).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter A. Volunteer Fire Fighters and Fire Departments › Section 78.001. Liability

Sec. 78.001.  LIABILITY.  A volunteer fire fighter or a volunteer fire department is not liable for damage to property resulting from the fire fighter's or the department's reasonable and necessary action in fighting or extinguishing a fire on the property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter B. Marine Fire-Fighting Services › Section 78.051. Definitions

Sec. 78.051.  DEFINITIONS.  In this subchapter:
(1)  "Fire emergency" means an emergency response involving fire protection or prevention, rescue, emergency medical, or hazardous material response services.
(2)  "Fire fighter" means an employee of a nonprofit fire department.
(3)  "Governmental unit" has the meaning assigned by Chapter 101.
(4)  "Nonprofit fire department" means a nonprofit organization that is:
(A)  exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501(a)) by being listed as an exempt organization in Section 501(c)(4) of that code;
(B)  composed of member owners;  and
(C)  organized to offer and provide:
(i)  fire protection, prevention, and inspection services;  and
(ii)  emergency response services, including rescue, emergency medical, and hazardous material response services.
Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter B. Marine Fire-Fighting Services › Section 78.052. Applicability of Subchapter: Marine Fire Emergency

Sec. 78.052.  APPLICABILITY OF SUBCHAPTER:  MARINE FIRE EMERGENCY.  This subchapter applies only to damages for personal injury, death, or property damage arising from an error or omission of:
(1)  a nonprofit fire department providing services to respond to marine fire emergencies under contract to a governmental unit, if the error or omission occurs in responding to a marine fire emergency:
(A)  on the navigable waters of this state;
(B)  in any place into which a vessel enters or from which a vessel departs the waterway leading to that place from the Gulf of Mexico or the Gulf Intracoastal Waterway;
(C)  on property owned or under the control of the governmental unit;  or
(D)  at the request of the governmental unit in the interest of public safety;  or
(2)  a fire fighter providing services described by Subdivision (1).
Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter B. Marine Fire-Fighting Services › Section 78.053. Liability

Sec. 78.053.  LIABILITY.  (a)  A nonprofit fire department is liable for damages described by Section 78.052 only to the extent that the governmental unit with which the nonprofit fire department is contracting would be liable under Chapter 101.
(b)  Section 101.106 applies to a claimant in a suit against a fire fighter as if the fire fighter were an employee of a governmental unit and the nonprofit fire department were a governmental unit.
Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter B. Marine Fire-Fighting Services › Section 78.054. Individual Immunities

Sec. 78.054.  INDIVIDUAL IMMUNITIES.  A fire fighter is liable for damages described by Section 78.052 only to the extent an analogous employee of the governmental unit with which the nonprofit fire department is contracting would be liable and is entitled to the common law immunities applicable to the employee of the governmental unit.
Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter C. Fire-Fighting Services › Section 78.101. Definitions

Sec. 78.101.  DEFINITIONS.  In this subchapter:
(1)  "Emergency response" means a response involving fire protection or prevention, rescue, emergency medical, or hazardous material response services.
(2)  "Volunteer fire department" means a nonprofit organization that is:
(A)  operated by its members;
(B)  exempt from the state sales tax under Section 151.310, Tax Code, or the state franchise tax under Section 171.083, Tax Code;  and
(C)  organized to provide an emergency response.
(3)  "Volunteer fire fighter" means a member of a volunteer fire department.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter C. Fire-Fighting Services › Section 78.102. Applicability of Subchapter: Emergency Response

Sec. 78.102.  APPLICABILITY OF SUBCHAPTER:  EMERGENCY RESPONSE.  This subchapter applies only to damages for personal injury, death, or property damage, other than property damage to which Subchapter A applies, arising from an error or omission of:
(1)  a volunteer fire department while involved in or providing an emergency response;  or
(2)  a volunteer fire fighter while involved in or providing an emergency response as a member of a volunteer fire department.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter C. Fire-Fighting Services › Section 78.103. Liability of Volunteer Fire Department

Sec. 78.103.  LIABILITY OF VOLUNTEER FIRE DEPARTMENT.  A volunteer fire department is:
(1)  liable for damages described by Section 78.102 only to the extent that a county providing the same or similar services would be liable under Chapter 101;  and
(2)  entitled to the exclusions, exceptions, and defenses applicable to a county under Chapter 101 and other statutory or common law.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter C. Fire-Fighting Services › Section 78.104. Liability of Volunteer Fire Fighter

Sec. 78.104.  LIABILITY OF VOLUNTEER FIRE FIGHTER.  A volunteer fire fighter is:
(1)  liable for damages described by Section 78.102 only to the extent that an employee providing the same or similar services for a county would be liable;  and
(2)  entitled to the exclusions, exceptions, immunities, and defenses applicable to an employee of a county under Chapter 101 and other statutory or common law.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities › Subchapter D. Liability for Training Exercises › Section 78.151. 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1039 (H.B. 1666), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78A - Liability of First Responders for Roadside Assistance › Section 78A.001. Definitions

Sec. 78A.001.  DEFINITIONS.  In this chapter:
Text of subdivision effective until January 01, 2025
(1)  "First responder" means a law enforcement, fire protection, or emergency medical services employee or volunteer, including:
(A)  a peace officer as defined by Article 2.12, Code of Criminal Procedure;
(B)  fire protection personnel as defined by Section 419.021, Government Code;
(C)  a volunteer firefighter who is:
(i)  certified by the Texas Commission on Fire Protection or by the State Firefighters' and Fire Marshals' Association of Texas; or
(ii)  a member of an organized volunteer fire-fighting unit that renders fire-fighting services without remuneration and conducts a minimum of two drills each month, each two hours long; and
(D)  an individual certified as emergency medical services personnel by the Department of State Health Services.
Text of subdivision effective on January 01, 2025
(1)  "First responder" means a law enforcement, fire protection, or emergency medical services employee or volunteer, including:
(A)  a peace officer as defined by Article 2A.001, Code of Criminal Procedure;
(B)  fire protection personnel as defined by Section 419.021, Government Code;
(C)  a volunteer firefighter who is:
(i)  certified by the Texas Commission on Fire Protection or by the State Firefighters' and Fire Marshals' Association of Texas; or
(ii)  a member of an organized volunteer fire-fighting unit that renders fire-fighting services without remuneration and conducts a minimum of two drills each month, each two hours long; and
(D)  an individual certified as emergency medical services personnel by the Department of State Health Services.
(2)  "Roadside assistance" means assistance to the owner, operator, or passenger of a motor vehicle with an incident related to the operation of the motor vehicle, including jump-starting or replacing a motor vehicle battery, lockout assistance, replacing a flat tire, and roadside vehicle breakdown assistance.
Added by Acts 2017, 85th Leg., R.S., Ch. 1150 (H.B. 590), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.010, eff. January 1, 2025.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78A - Liability of First Responders for Roadside Assistance › Section 78A.002. Liability of First Responder

Sec. 78A.002.  LIABILITY OF FIRST RESPONDER.  A first responder who in good faith provides roadside assistance is not liable in civil damages for damage to the motor vehicle affected by the incident for which the roadside assistance is provided that is caused by an act or omission that occurs during the performance of the act of roadside assistance unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct.
Added by Acts 2017, 85th Leg., R.S., Ch. 1150 (H.B. 590), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78B - Limited Liability for First Responder Wellness Check at Civil Commitment Facility › Section 78B.001. Definitions

Sec. 78B.001.  DEFINITIONS.  In this chapter:
(1)  "First responder" means a law enforcement, fire protection, or emergency medical services employee, volunteer, or agency, including:
(A)  a peace officer, as defined by Article 2.12, Code of Criminal Procedure;
(B)  fire protection personnel, as defined by Section 419.021, Government Code;
(C)  a volunteer firefighter who is:
(i)  certified by the Texas Commission on Fire Protection or by the State Firefighters' and Fire Marshals' Association of Texas; or
(ii)  a member of an organized volunteer firefighting unit that provides firefighting services without compensation and conducts a minimum of two drills each month, each two hours long;
(D)  an individual certified as emergency medical services personnel by the Department of State Health Services; and
(E)  an agency of this state or a political subdivision of this state authorized by law to employ or supervise personnel described by Paragraphs (A)-(D).
(2)  "Wellness check" means a request by any person for a first responder to visit a civil commitment facility and determine the current condition of a sexually violent predator who is civilly committed under Chapter 841, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78B - Limited Liability for First Responder Wellness Check at Civil Commitment Facility › Section 78B.002. Construction of Chapter

Sec. 78B.002.  CONSTRUCTION OF CHAPTER.  This chapter may not be construed to prohibit a first responder from performing a wellness check.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78B - Limited Liability for First Responder Wellness Check at Civil Commitment Facility › Section 78B.003. Limited Liability for Refusal to Provide Wellness Check

Sec. 78B.003.  LIMITED LIABILITY FOR REFUSAL TO PROVIDE WELLNESS CHECK.  (a)  A first responder is not required to perform a wellness check.
(b)  A first responder is not liable for damages incurred from the first responder's refusal to perform a wellness check.
(c)  A court shall immediately dismiss any action asserting a claim described by Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 78B - Limited Liability for First Responder Wellness Check at Civil Commitment Facility › Section 78B.004. Referral to Texas Civil Commitment Office

Sec. 78B.004.  REFERRAL TO TEXAS CIVIL COMMITMENT OFFICE.  A first responder may refer a person requesting a wellness check to the Texas Civil Commitment Office, which may provide the person with information regarding the current condition of the civilly committed sexually violent predator if authorized under federal and state law.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 79 - Liability of Persons Assisting in Hazardous or Dangerous Situations › Section 79.001. Definitions

Sec. 79.001.  DEFINITIONS.  In this chapter:
(1)  "Hazardous material" means:
(A)  a substance classified as a hazardous material under state or federal law or under a rule adopted pursuant to state or federal law;  or
(B)  a chemical, petroleum product, gas, or other substance that, if discharged or released, is likely to create an imminent danger to individuals, property, or the environment.
(2)  "Person" means an individual, association, corporation, or other private legal entity.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 79 - Liability of Persons Assisting in Hazardous or Dangerous Situations › Section 79.002. Hazardous Materials

Sec. 79.002.  HAZARDOUS MATERIALS.  (a)  Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a person 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 that:
(1)  has already occurred;
(2)  is related to the storage or transportation of a hazardous material;  and
(3)  endangers or threatens to endanger individuals, property, or the environment as a result of the spillage, seepage, or other release of a hazardous material or as a result of fire or explosion involving a hazardous material.
(b)  This section does not apply to a person giving care, assistance, or advice for or in expectation of compensation from or on behalf of the recipient of the care, assistance, or advice in excess of reimbursement for expenses incurred.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 58, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 79 - Liability of Persons Assisting in Hazardous or Dangerous Situations › Section 79.003. Disaster Assistance

Sec. 79.003.  DISASTER ASSISTANCE.  (a)  Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a person 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:
(1)  that is a man-made or natural disaster that endangers or threatens to endanger individuals, property, or the environment, including a major disaster declared by the president of the United States or a disaster declared under Section 418.014, Government Code; and
(2)  in which the care, assistance, or advice is provided at the request of:
(A)  an authorized representative of a local, state, or federal agency, including a fire department, a police department, an emergency management agency, and a disaster response agency; or
(B)  a charitable organization, as that term is defined by Section 84.003, that provides services to mitigate the effects of a disaster described by Subdivision (1).
(b)  Subsection (a) does not apply to a person giving care, assistance, or advice for or in expectation of compensation from or on behalf of the recipient of the care, assistance, or advice in excess of reimbursement for expenses incurred.
(c)  Notwithstanding Chapter 101 or any other law, an entity and the authorized representative of the entity are not liable under the laws of this state for the act or omission of a person providing care, assistance, or advice on request under Subsection (a)(2)(A).
(d)  Notwithstanding Chapter 84 or any other law, a charitable organization is not liable under the laws of this state for the act or omission of a person providing care, assistance, or advice on request under Subsection (a)(2)(B).
(e)  The immunities provided by this section are in addition to any other immunity or limitations of liability provided by law, including Subchapter D, Chapter 74, this chapter, or Chapter 78 or 78A of this code or Section 418.006, Government Code.
Added by Acts 2003, 78th Leg., ch. 58, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 385 (H.B. 3365), Sec. 1, eff. June 2, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 79 - Liability of Persons Assisting in Hazardous or Dangerous Situations › Section 79.0031. Liability of Volunteer Health Care Provider or Health Care Institution

Sec. 79.0031.  LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER OR HEALTH CARE INSTITUTION.  (a)  In this section:
(1)  "Health care institution" has the meaning assigned by Section 74.001.
(2)  "Volunteer health care provider" has the meaning assigned by Section 84.003.  The term includes an individual who is not affiliated with a charitable organization.
(b)  Except in the case of reckless conduct or intentional, wilful, or wanton misconduct, a volunteer health care provider is immune from civil liability for an act or omission that occurs in giving care, assistance, or advice if the care, assistance, or advice is provided:
(1)  in relation to an incident that is a man-made or natural disaster that endangers or threatens to endanger individuals, property, or the environment; and
(2)  within the scope of the provider's practice under the laws of this state.
(c)  A health care institution is immune from civil liability for an act or omission by a volunteer health care provider providing care, assistance, or advice at the institution's facility or under the institution's direction if:
(1)  the provider is immune from civil liability under Subsection (b); and
(2)  the institution does not have an expectation of compensation from or on behalf of the recipient of the care, assistance, or advice in excess of reimbursement for expenses incurred by the institution in connection with the provision of the care, assistance, or advice.
(d)  The immunity provided by this section is in addition to any other immunity or limitations of liability provided by law.
Added by Acts 2019, 86th Leg., R.S., Ch. 74 (S.B. 752), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 79 - Liability of Persons Assisting in Hazardous or Dangerous Situations › Section 79.004. Liability for Training Exercises

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1039 (H.B. 1666), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 80 - Trespass: Outdoor Sign › Section 80.001. Definition

Sec. 80.001.  DEFINITION.  In this chapter, "sign" means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing that is designed, intended, or used to advertise or inform.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.04(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 80 - Trespass: Outdoor Sign › Section 80.002. Trespass

Sec. 80.002.  TRESPASS.  A trespass occurs when an individual:
(1)  erects or places a sign on premises without the permission of the owner of the premises;  or
(2)  after the expiration or termination of an agreement with the owner of the premises for the erection, placement, or maintenance of a sign on the premises and before the expiration of the period described by Section 80.003(b)(2), fails to remove or abandons a sign or fails to obtain from the owner of the premises permission for the continued use or maintenance of the sign on the premises.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.04(a), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 440, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 80 - Trespass: Outdoor Sign › Section 80.003. Damages

Sec. 80.003.  DAMAGES.  (a)  The owner of the premises is entitled to recover damages equal to the amount of payments received by or accruing to the owner of the sign from the rental, sale, lease, or other use of the sign during the period after the expiration of the 30th day after the date on which the written notice required by Subsection (b)(1) is received and before the date on which the sign is removed or permission for the continued use or maintenance of the sign is obtained.
(b)  The owner of the premises may not recover damages for trespass under this section unless:
(1)  the owner of the premises sends, by certified mail, return receipt requested, to the owner of the sign written demand for removal of the sign, stating in detail the act constituting the trespass and the location where the sign has been erected, placed, or maintained;  and
(2)  the owner of the sign fails to remove the sign or obtain permission from the owner of the premises for the continued use or maintenance of the sign before the 30th day after the date on which the notice described by Subdivision (1) was received.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.04(a), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 440, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.002. Sexual Exploitation Cause of Action

Sec. 81.002.  SEXUAL EXPLOITATION CAUSE OF ACTION.  A mental health services provider is liable to a patient or former patient of the mental health services provider for damages for sexual exploitation if the patient or former patient suffers, directly or indirectly, a physical, mental, or emotional injury caused by, resulting from, or arising out of:
(1)  sexual contact between the patient or former patient and the mental health services provider;
(2)  sexual exploitation of the patient or former patient by the mental health services provider;  or
(3)  therapeutic deception of the patient or former patient by the mental health services provider.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.004. Damages

Sec. 81.004.  DAMAGES.  (a)  A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown.
(b)  In addition to an award under Subsection (a), a plaintiff who prevails in a suit under this section may recover exemplary damages and reasonable attorney fees.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.005. Defenses

Sec. 81.005.  DEFENSES.  (a)  It is not a defense to an action brought under Section 81.002 or 81.003 that the sexual exploitation of the patient or former patient occurred:
(1)  with the consent of the patient or former patient;
(2)  outside the therapy or treatment sessions of the patient or former patient;  or
(3)  off the premises regularly used by the mental health services provider for the therapy or treatment sessions of the patient or former patient.
(b)  It is a defense to an action brought under Section 81.002 or 81.003 by a former patient that the person was not emotionally dependent on the mental health services provider when the sexual exploitation began and the mental health services provider terminated mental health services with the patient more than two years before the date the sexual exploitation began.
(c)  A person is considered not emotionally dependent for purposes of this chapter if the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the mental health services provider are not such that the mental health services provider knows or has reason to believe that the patient or former patient is unable to withhold consent to the sexual exploitation.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.006. Duty to Report

Sec. 81.006.  DUTY TO REPORT.  (a)  If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to:
(1)  the prosecuting attorney in the county in which the alleged sexual exploitation occurred;  and
(2)  any state licensing board that has responsibility for the mental health services provider's licensing.
(b)  Before making a report under this section, the reporter shall inform the alleged victim of the reporter's duty to report and shall determine if the alleged victim wants to remain anonymous.
(c)  A report under this section need contain only the information needed to:
(1)  identify the reporter;
(2)  identify the alleged victim, unless the alleged victim has requested anonymity;  and
(3)  express suspicion that sexual exploitation has occurred.
(d)  Information in a report is privileged information and is for the exclusive use of the prosecuting attorney or state licensing board that receives the information.  A person who receives privileged information may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the person first obtained the information.  The identity of an alleged victim of sexual exploitation by a mental health services provider may not be disclosed by the reporter, or by a person who has received or has access to a report or record, unless the alleged victim has consented to the disclosure in writing.
(e)  A person who intentionally violates Subsection (a) or (d) is subject to disciplinary action by that person's appropriate licensing board and also commits an offense.  An offense under this subsection is a Class C misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.007. Limited Immunity From Liability

Sec. 81.007.  LIMITED IMMUNITY FROM LIABILITY.  (a)  A person who, in good faith, makes a report required by Section 81.006 is immune from civil or criminal liability resulting from the filing of that report.
(b)  Reporting under this chapter is presumed to be done in good faith.
(c)  The immunity provided by this section does not apply to liability resulting from sexual exploitation by a mental health services provider of a patient or former patient.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.008. Admission of Evidence

Sec. 81.008.  ADMISSION OF EVIDENCE.  (a)  In an action for sexual exploitation, evidence of the plaintiff's sexual history and reputation is not admissible unless:
(1)  the plaintiff claims damage to sexual functioning;  or
(2)(A) the defendant requests a hearing before trial and makes an offer of proof of the relevancy of the history or reputation;  and
(B)  the court finds that the history or reputation is relevant and that the probative value of the evidence outweighs its prejudicial effect.
(b)  The court may allow the admission only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant.  The court's order shall detail the information or conduct that is admissible and no other such evidence may be introduced.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.009. Limitations

Sec. 81.009.  LIMITATIONS.  (a)  Except as otherwise provided by this section, an action under this chapter must be filed before the third anniversary of the date the patient or former patient understood or should have understood the conduct for which liability is established under Section 81.002 or 81.003.
(b)  If a patient or former patient entitled to file an action under this chapter is unable to bring the action because of the effects of the sexual exploitation, continued emotional dependence on the mental health services provider, or threats, instructions, or statements by the mental health services provider, the deadline for filing an action under this chapter is tolled during that period, except that the deadline may not be tolled for more than 15 years.
(c)  This section does not apply to a patient or former patient who is a "child" or a "minor" as defined by Section 101.003, Family Code, until that patient or former patient has reached the age of 18.  If the action is brought by a parent, guardian, or other person having custody of the child or minor, it must be brought within the period set forth in this section.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.07, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 81 - Sexual Exploitation by Mental Health Services Provider › Section 81.010. Injunctive Relief Against Governmental Units

Sec. 81.010.  INJUNCTIVE RELIEF AGAINST GOVERNMENTAL UNITS.  (a)  In this section, "governmental unit" has the meaning assigned by Section 101.001(3)(B).
(b)  Subject to Subsection (c), a patient, a former patient, or another person acting on behalf of a patient or former patient may bring an action under this section against a governmental unit that is an employer of a mental health services provider, including a special officer for mental health assignment, who commits any conduct described by Section 81.002(1), (2), or (3) in relation to the patient or former patient.  In an action brought under this subsection, the patient or former patient may obtain:
(1)  an order requiring the governmental unit to discharge the mental health services provider who committed the conduct;
(2)  court costs;  and
(3)  reasonable attorney's fees, as determined by the court.
(c)  A patient, former patient, or person acting on behalf of a patient or former patient may not bring an action under Subsection (b) unless, 60 days before the date that action is to be filed, the person notifies the governmental unit in writing of its intention to bring an action under this section.  The notice must reasonably describe the facts giving rise to the claim.  If, before the 60th day after the date the notice is provided under this section, the governmental unit discharges the mental health services provider who committed the conduct with respect to which the claim is filed, the person may not bring suit under Subsection (b).
(d)  Governmental immunity to suit is waived and abolished only to the extent of the liability created by Subsection (b).
Added by Acts 1999, 76th Leg., ch. 1102, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.001. Definitions

Sec. 82.001.  DEFINITIONS.  In this chapter:
(1)  "Claimant" means a party seeking relief, including a plaintiff, counterclaimant, or cross-claimant.
(2)  "Products liability action" means any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.
(3)  "Seller" means a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof.
(4)  "Manufacturer" means a person who is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part thereof and who places the product or any component part thereof in the stream of commerce.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.002. Manufacturer's Duty to Indemnify

Sec. 82.002.  MANUFACTURER'S DUTY TO INDEMNIFY.  (a)  A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action, except for any loss caused by the seller's negligence, intentional misconduct, or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable.
(b)  For purposes of this section, "loss" includes court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages.
(c)  Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section.
(d)  For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer's instructions shall be considered a seller.
(e)  The duty to indemnify under this section:
(1)  applies without regard to the manner in which the action is concluded;  and
(2)  is in addition to any duty to indemnify established by law, contract, or otherwise.
(f)  A seller eligible for indemnification under this section shall give reasonable notice to the manufacturer of a product claimed in a petition or complaint to be defective, unless the manufacturer has been served as a party or otherwise has actual notice of the action.
(g)  A seller is entitled to recover from the manufacturer court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages incurred by the seller to enforce the seller's right to indemnification under this section.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993.