| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Positive | Neutral | Positive |
SB 381 exempts
volunteers from liability that may arise while driving a vehicle or equipment
owned or leased by the Texas Parks and Wildlife Department (TPWD). TPWD is
liable for damages as long as the volunteer is operating a vehicle within
assigned duties given by TPWD, and he or she was not operating the vehicle in a
negligent or reckless manner at the time of an accident. Additionally, TPWD's
liability is limited under Section 101.023(a) of the Civil Practice and
Remedies Code: No more than $250,000 to each person, no more than $500,000 to
each occurrence of bodily injury or death, and no more than $100,000 for
property damage.
SB 381 protects the individual liberty of volunteers, who are
operating TPWD vehicles or motor-driven equipment, by making the department
liable for their actions. However, if a volunteer acts negligently or
recklessly during the scope of their duties this legislation holds that person
liable, not TPWD. It is important to remember that by limiting the liability of
volunteers it makes it easier for the public to volunteer for the department. For
these reasons, we support SB 381 since it holds a person accountable for their
actions but still maintains their liberty by holding TPWD liable in accidents
in which the volunteer was not negligent.