LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 27, 2011 TO: Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2040 by Hamilton (Relating to critical incident stress management and crisis response services.), As Introduced No fiscal implication to the State is anticipated. The bill would add Chapter 784 to Subtitle B, Title 9 of the Health and Safety Code to define crisis response service; critical incident stress; critical incident stress management service; emergency response team member; and emergency service provider. The bill would specify criteria for meetings in which services are provided and the confidentiality of communications and records. A court in a civil or criminal case, or the decision-making entity in an administrative proceeding would be authorized to disclose a communication or record if the court or entity determines the benefit would be more important than protecting the privacy of the individual, and includes certain exceptions. An emergency response team or team member would not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to a team or team members act, error or omission while providing services unless it constituted wanton, willful, or intentional misconduct. The bill would limit civil liability for damages arising from injury to physical or mental health. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:405 Department of Public Safety LBB Staff: JOB, ESi, TP
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
March 27, 2011
TO: Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2040 by Hamilton (Relating to critical incident stress management and crisis response services.), As Introduced
TO: Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB2040 by Hamilton (Relating to critical incident stress management and crisis response services.), As Introduced
Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety
Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB2040 by Hamilton (Relating to critical incident stress management and crisis response services.), As Introduced
HB2040 by Hamilton (Relating to critical incident stress management and crisis response services.), As Introduced
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would add Chapter 784 to Subtitle B, Title 9 of the Health and Safety Code to define crisis response service; critical incident stress; critical incident stress management service; emergency response team member; and emergency service provider. The bill would specify criteria for meetings in which services are provided and the confidentiality of communications and records. A court in a civil or criminal case, or the decision-making entity in an administrative proceeding would be authorized to disclose a communication or record if the court or entity determines the benefit would be more important than protecting the privacy of the individual, and includes certain exceptions. An emergency response team or team member would not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to a team or team members act, error or omission while providing services unless it constituted wanton, willful, or intentional misconduct. The bill would limit civil liability for damages arising from injury to physical or mental health. The bill would take effect September 1, 2011.
The bill would add Chapter 784 to Subtitle B, Title 9 of the Health and Safety Code to define crisis response service; critical incident stress; critical incident stress management service; emergency response team member; and emergency service provider. The bill would specify criteria for meetings in which services are provided and the confidentiality of communications and records. A court in a civil or criminal case, or the decision-making entity in an administrative proceeding would be authorized to disclose a communication or record if the court or entity determines the benefit would be more important than protecting the privacy of the individual, and includes certain exceptions. An emergency response team or team member would not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to a team or team members act, error or omission while providing services unless it constituted wanton, willful, or intentional misconduct. The bill would limit civil liability for damages arising from injury to physical or mental health.
The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 405 Department of Public Safety
405 Department of Public Safety
LBB Staff: JOB, ESi, TP
JOB, ESi, TP