Tex. Civ. Prac. & Rem. Code § 79.003 · Chapter 79. LIABILITY OF PERSONS ASSISTING IN HAZARDOUS OR DANGEROUS SITUATIONS
DISASTER ASSISTANCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.79.htm
- Text hash
- sha256 09dcc49463d49b4ae2ca2af7977a982d39d87775ee85becc1b1f8a613681eab4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code ch. 74, subch. DEMERGENCY CAREPrinted as Subchapter D, Chapter 74
- Tex. Civ. Prac. & Rem. Code ch. 78CERTAIN FIRE FIGHTERS AND FIRE-FIGHTING ENTITIESPrinted as Chapter 78
- Tex. Civ. Prac. & Rem. Code ch. 84CHARITABLE IMMUNITY AND LIABILITYPrinted as Chapter 84
- Tex. Civ. Prac. & Rem. Code § 84.003DEFINITIONS.Printed as Section 84.003
- Tex. Civ. Prac. & Rem. Code ch. 101TORT CLAIMSPrinted as Chapter 101
Cited by 1 provision
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