86R8047 LED-D
By: Kacal, Stucky, Buckley, King of Hemphill, H.B. No. 1931
Ashby
A BILL TO BE ENTITLED
AN ACT
relating to the liability of volunteer certified veterinary
assistants, licensed veterinary technicians, or veterinarians who
provide medical assistance to an injured animal in certain
situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 91B to read as follows:
CHAPTER 91B. LIABILITY OF VOLUNTEER VETERINARY PRACTITIONERS
Sec. 91B.001. DEFINITIONS. In this chapter, "certified
veterinary assistant," "licensed veterinary technician," and
"veterinarian" have the meanings assigned by Section 801.002,
Occupations Code.
Sec. 91B.002. IMMUNITY FROM LIABILITY. (a) Except as
provided by Section 91B.003, a certified veterinary assistant,
licensed veterinary technician, or veterinarian who in good faith
and as a volunteer provides medical assistance to an injured animal
is immune from civil liability for an act or omission that occurs in
providing that medical assistance if the medical assistance is
provided:
(1) in response to an incident that is a man-made or
natural disaster that injures, endangers, or threatens to endanger
the animal;
(2) at the request of the owner of the animal or an
authorized representative of a local, state, or federal agency,
including a fire department, a police department, an emergency
management agency, or a disaster response agency; and
(3) within the scope of practice authorized and level
of supervision required under Chapter 801, Occupations Code.
(b) This section does not apply to a certified veterinary
assistant, licensed veterinary technician, or veterinarian giving
medical assistance for or in expectation of compensation from or on
behalf of the owner of the animal in excess of reimbursement for
expenses incurred.
Sec. 91B.003. APPLICABILITY. This chapter does not apply
to an act or omission that is grossly negligent or intentional
misconduct.
SECTION 2. Chapter 91B, 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. A cause of action
that accrued before the effective date of this Act is governed by
the law applicable to the cause of action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2019.