CHAPTER 79. LIABILITY OF PERSONS ASSISTING IN HAZARDOUS OR DANGEROUS SITUATIONS - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 79. LIABILITY OF PERSONS ASSISTING IN HAZARDOUS OR

DANGEROUS SITUATIONS

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.

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.

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;

and

(2) in which the care, assistance, or advice is provided at the

request of an authorized representative of a local, state, or

federal agency, including a fire department, police department,

an emergency management agency, and a disaster response agency.

(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.

Added by Acts 2003, 78th Leg., ch. 58, Sec. 1, eff. Sept. 1,

2003.