CIVIL PRACTICE & REMEDIES CODE

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


	§ 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, § 1, eff. Sept. 1, 1985.                    


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 2003, 78th Leg., ch. 58, § 3, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 2003.