86R13218 SCL-D
By: Oliverson H.B. No. 1353
Substitute the following for H.B. No. 1353:
By: Meyer C.S.H.B. No. 1353
A BILL TO BE ENTITLED
AN ACT
relating to liability of volunteer health care providers and health
care institutions for care, assistance, or advice provided in
relation to a disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 79, Civil Practice and Remedies Code, is
amended by adding Section 79.0031 to read as follows:
Sec. 79.0031. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER
OR HEALTH CARE INSTITUTION. (a) In this section:
(1) "Health care institution" has the meaning assigned
by Section 74.001.
(2) "Volunteer health care provider" has the meaning
assigned by Section 84.003. The term includes an individual who is
not affiliated with a charitable organization.
(b) Except in the case of reckless conduct or intentional,
wilful, or wanton misconduct, a volunteer health care provider is
immune from civil liability for an act or omission that occurs in
giving care, assistance, or advice if the care, assistance, or
advice is provided:
(1) in relation to an incident that is a man-made or
natural disaster that endangers or threatens to endanger
individuals, property, or the environment; and
(2) within the scope of the provider's practice under
the laws of this state.
(c) A health care institution is immune from civil liability
for an act or omission by a volunteer health care provider providing
care, assistance, or advice at the institution's facility or under
the institution's direction if:
(1) the provider is immune from civil liability under
Subsection (b); and
(2) the institution does not have an expectation of
compensation from or on behalf of the recipient of the care,
assistance, or advice in excess of reimbursement for expenses
incurred by the institution in connection with the provision of the
care, assistance, or advice.
(d) The immunity provided by this section is in addition to
any other immunity or limitations of liability provided by law.
SECTION 2. Section 79.0031, Civil Practice and Remedies
Code, as added by this Act, does not apply to a cause of action that
accrued before the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.