Texas House Bill HB1962

Texas 2009 - 81st Regular

Caption

Relating to the liability of and legal fees for a trustee of certain facilities.

Impact

Additionally, the bill stipulates that trustees are entitled to reimbursement for reasonable legal fees incurred while fulfilling their obligations. This measure accommodates trustees who may need to seek legal counsel as part of their duties, ensuring that financial barriers do not deter them from executing their responsibilities effectively. By permitting the use of emergency assistance funds to cover these legal costs, the legislation seeks to provide a safeguard for trustees, thereby enhancing the functional operations of facilities under their management.

Summary

House Bill 1962 addresses amendments to the Texas Health and Safety Code, specifically focusing on the roles and responsibilities of trustees of certain facilities. The bill establishes a limitation on civil liability for trustees, ensuring that those acting in good faith while performing their official duties will not be held liable for civil damages. This provision aims to encourage individuals to take on these roles without the fear of legal repercussions for their actions, assuming they are acting within their designated responsibilities.

Contention

While the bill generally appears to bolster support for trustees, there may be points of contention regarding the interpretation of 'reasonable' legal fees and the specific circumstances under which trustees will be deemed to have acted in 'good faith.' Critics could argue that the legislation might lead to potential abuse if trustees perceive too much protection from liability or if the definitions are not tightly regulated. Moreover, the mechanism for accessing emergency funds for legal fees may raise questions about the efficacy and appropriateness, depending on the financial status of the facilities involved.