| 1 | 1 | | 81R12131 AJA-D |
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| 2 | 2 | | By: Martinez H.B. No. 2889 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability of ambulance service providers for certain |
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| 8 | 8 | | occurrences. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 97, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Section 97.003 to read as follows: |
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| 12 | 12 | | Sec. 97.003. AMBULANCE SERVICE PROVIDER. (a) Except as |
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| 13 | 13 | | provided by this section, the liability of an ambulance service |
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| 14 | 14 | | provider for damages arising out of a motor vehicle accident |
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| 15 | 15 | | involving the provider's ambulance that occurs while the ambulance |
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| 16 | 16 | | is being used to provide ambulance services is limited to money |
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| 17 | 17 | | damages in a maximum amount for each single occurrence of the |
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| 18 | 18 | | greater of: |
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| 19 | 19 | | (1) the total amount of economic damages arising out |
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| 20 | 20 | | of the occurrence; or |
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| 21 | 21 | | (2) $250,000. |
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| 22 | 22 | | (b) This section does not limit liability for an act or |
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| 23 | 23 | | omission that is intentional or grossly negligent. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to a cause of action that accrues on or after the effective date of |
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| 26 | 26 | | this Act. A cause of action that accrues before the effective date |
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| 27 | 27 | | of this Act is governed by the law in effect immediately before the |
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| 28 | 28 | | effective date of this Act, and that law is continued in effect for |
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| 29 | 29 | | that purpose. |
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| 30 | 30 | | SECTION 3. This Act is an exercise of authority under |
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| 31 | 31 | | Section 66(c), Article III, Texas Constitution, and takes effect |
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| 32 | 32 | | only if it receives a vote of three-fifths of all the members |
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| 33 | 33 | | elected to each house, as provided by Subsection (e) of that |
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| 34 | 34 | | section. |
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| 35 | 35 | | SECTION 4. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2009. |
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