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