81R2120 AJA-D
By: Nelson S.B. No. 74
A BILL TO BE ENTITLED
AN ACT
relating to limitation of liability for certain emergency care
provided during a declared disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 74, Civil Practice and
Remedies Code, is amended by adding Section 74.1511 to read as
follows:
Sec. 74.1511. EMERGENCY CARE DURING DECLARED DISASTER. (a)
Except as provided by Subsection (c), a physician or health care
provider who in good faith administers emergency care in the course
and scope of the physician's or provider's employment at the scene
of an emergency or at a health care institution is not liable in
civil damages for an act or omission performed during the emergency
if the act was also performed during the management of an incident
that has resulted in a declaration of disaster by a federal, state,
or local official as authorized by a federal or state statute.
(b) This section applies regardless of whether the care is
administered for or in expectation of remuneration.
(c) This section does not apply to an act or omission that is
intentional, wilfully negligent, or done with conscious
indifference or reckless disregard for the safety of others.
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
date, and that law is continued in effect for that purpose.
SECTION 3. 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.