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.