Texas 2021 - 87th Regular

Texas Senate Bill SB6

Caption

Relating to liability for certain claims arising during a pandemic or disaster related to a pandemic.

Impact

The legislation modifies the Texas Civil Practice and Remedies Code by implementing new liability standards that shield medical professionals and certain entities from lawsuits unless actual malice or gross negligence can be proven. This change is intended to encourage more healthcare providers to participate actively in pandemic response efforts without the additional pressure of litigation over any adverse outcomes related to their services during the emergency. As a result, the bill aims to foster a more robust and responsive healthcare system during crises such as the ongoing pandemic.

Summary

Senate Bill 6 focuses on addressing liability issues for certain claims arising during a pandemic or disaster related to a pandemic, specifically the COVID-19 crisis. The bill seeks to protect healthcare providers, first responders, and educational institutions from civil liability, allowing them to operate more freely in the midst of a public health emergency. By establishing specific defenses against claims rooted in these conditions, the bill aims to improve the responsiveness of medical services and ensure that individuals facing pandemic-related healthcare needs receive adequate care without the fear of potential lawsuits.

Sentiment

Reactions to SB 6 have been varied within the legislative community. Supporters argue that it is essential for public health, claiming that the fear of legal repercussions has hindered responses from healthcare providers during urgent situations like pandemics. Conversely, opponents express concern that the bill may lead to reduced accountability for healthcare professionals and potentially compromise patient safety, as it could make it more challenging for individuals to seek recourse for negligence.

Contention

The primary contention surrounding SB 6 lies in its balancing act between providing protections for healthcare workers and ensuring accountability for their actions. Critics question whether such broad immunity could enable negligent behavior without appropriate repercussions, thereby impacting quality of care. Additionally, there have been discussions about the potential implications for future legislative measures surrounding healthcare and emergency response protocols, emphasizing the ongoing debate about state versus federal jurisdiction in managing healthcare emergencies.

Companion Bills

TX HB3659

Same As Relating to liability for certain claims arising during a pandemic or other disaster or emergency.

Previously Filed As

TX HB4440

Relating to state and local government responses to a pandemic disaster, including the establishment of the Pandemic Disaster Legislative Oversight Committee.

TX HB609

Relating to the liability of a business owner or operator arising from the exposure of an individual to a pandemic disease.

TX HB3129

Relating to redesignation of certain provisions describing court orders eligible for an interlocutory appeal and a stay of proceedings pending certain interlocutory appeals.

TX SB1583

Relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.

TX HB4595

Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes and to the nonsubstantive codification or disposition of various laws omitted from enacted codes.

TX SB2171

Relating to the qualifications of experts in certain health care liability claims.

TX SB514

Relating to investigations and disciplinary action by the Texas Medical Board regarding certain treatments or practices during the COVID-19 pandemic.

TX SB1104

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HB1791

Relating to the qualifications of experts in certain health care liability claims.

TX HB2128

Relating to the charging of exorbitant or excessive prices for natural gas during a declared disaster.

Similar Bills

TX HB3659

Relating to liability for certain claims arising during a pandemic or other disaster or emergency.

VA HB995

Workers' compensation; presumption of compensability for hypertension, heart disease, and COVID-19.

CA SB636

Workers’ compensation: utilization review.

OK SB1087

Governmental Tort Claims Act; modifying definition. Effective date.

OK SB1087

Governmental Tort Claims Act; modifying definition. Effective date.

OK SB213

Governmental Tort Claims Act; increasing limits on liability for certain claims. Effective date.

CA AB1007

Forced or Involuntary Sterilization Compensation Program.

CA AB3052

Forced or Involuntary Sterilization Compensation Program.