| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to the liability of volunteer certified veterinary |
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| 9 | 8 | | assistants, licensed veterinary technicians, or veterinarians who |
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| 10 | 9 | | provide medical assistance to an injured animal in certain |
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| 11 | 10 | | situations. |
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| 12 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 12 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 14 | 13 | | amended by adding Chapter 91B to read as follows: |
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| 15 | 14 | | CHAPTER 91B. LIABILITY OF VOLUNTEER VETERINARY PRACTITIONERS |
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| 16 | 15 | | Sec. 91B.001. DEFINITIONS. In this chapter, "certified |
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| 17 | 16 | | veterinary assistant," "licensed veterinary technician," and |
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| 18 | 17 | | "veterinarian" have the meanings assigned by Section 801.002, |
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| 19 | 18 | | Occupations Code. |
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| 20 | 19 | | Sec. 91B.002. IMMUNITY FROM LIABILITY. (a) Except as |
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| 21 | 20 | | provided by Section 91B.003, a certified veterinary assistant, |
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| 22 | 21 | | licensed veterinary technician, or veterinarian who in good faith |
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| 23 | 22 | | and as a volunteer provides medical assistance to an injured animal |
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| 24 | 23 | | is immune from civil liability for an act or omission that occurs in |
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| 25 | 24 | | providing that medical assistance if the medical assistance is |
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| 26 | 25 | | provided: |
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| 27 | 26 | | (1) in response to an incident that is a man-made or |
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| 28 | 27 | | natural disaster that injures, endangers, or threatens to endanger |
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| 29 | 28 | | the animal; |
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| 30 | 29 | | (2) at the request of the owner of the animal or an |
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| 31 | 30 | | authorized representative of a local, state, or federal agency, |
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| 32 | 31 | | including a fire department, a police department, an emergency |
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| 33 | 32 | | management agency, or a disaster response agency; and |
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| 34 | 33 | | (3) within the scope of practice authorized and level |
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| 35 | 34 | | of supervision required under Chapter 801, Occupations Code. |
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| 36 | 35 | | (b) This section does not apply to a certified veterinary |
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| 37 | 36 | | assistant, licensed veterinary technician, or veterinarian giving |
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| 38 | 37 | | medical assistance for or in expectation of compensation from or on |
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| 39 | 38 | | behalf of the owner of the animal in excess of reimbursement for |
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| 40 | 39 | | expenses incurred. |
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| 41 | 40 | | Sec. 91B.003. APPLICABILITY. This chapter does not apply |
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| 42 | 41 | | to an act or omission that is grossly negligent or intentional |
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| 43 | 42 | | misconduct. |
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| 44 | 43 | | SECTION 2. Chapter 91B, Civil Practice and Remedies Code, |
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| 45 | 44 | | as added by this Act, does not apply to a cause of action that |
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| 46 | 45 | | accrued before the effective date of this Act. A cause of action |
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| 47 | 46 | | that accrued before the effective date of this Act is governed by |
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| 48 | 47 | | the law applicable to the cause of action immediately before the |
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| 49 | 48 | | effective date of this Act, and that law is continued in effect for |
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| 50 | 49 | | that purpose. |
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| 51 | 50 | | SECTION 3. This Act takes effect September 1, 2019. |
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