| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to liability of volunteer health care providers and health |
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| 6 | 8 | | care institutions for care, assistance, or advice provided in |
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| 7 | 9 | | relation to a disaster. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Chapter 79, Civil Practice and Remedies Code, is |
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| 10 | 12 | | amended by adding Section 79.0031 to read as follows: |
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| 11 | 13 | | Sec. 79.0031. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER |
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| 12 | 14 | | OR HEALTH CARE INSTITUTION. (a) In this section: |
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| 13 | 15 | | (1) "Health care institution" has the meaning assigned |
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| 14 | 16 | | by Section 74.001. |
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| 15 | 17 | | (2) "Volunteer health care provider" has the meaning |
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| 16 | 18 | | assigned by Section 84.003. The term includes an individual who is |
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| 17 | 19 | | not affiliated with a charitable organization. |
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| 18 | 20 | | (b) Except in the case of reckless conduct or intentional, |
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| 19 | 21 | | wilful, or wanton misconduct, a volunteer health care provider is |
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| 20 | 22 | | immune from civil liability for an act or omission that occurs in |
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| 21 | 23 | | giving care, assistance, or advice if the care, assistance, or |
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| 22 | 24 | | advice is provided: |
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| 23 | 25 | | (1) in relation to an incident that is a man-made or |
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| 24 | 26 | | natural disaster that endangers or threatens to endanger |
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| 25 | 27 | | individuals, property, or the environment; and |
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| 26 | 28 | | (2) within the scope of the provider's practice under |
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| 27 | 29 | | the laws of this state. |
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| 28 | 30 | | (c) A health care institution is immune from civil liability |
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| 29 | 31 | | for an act or omission by a volunteer health care provider providing |
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| 30 | 32 | | care, assistance, or advice at the institution's facility or under |
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| 31 | 33 | | the institution's direction if: |
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| 32 | 34 | | (1) the provider is immune from civil liability under |
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| 33 | 35 | | Subsection (b); and |
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| 34 | 36 | | (2) the institution does not have an expectation of |
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| 35 | 37 | | compensation from or on behalf of the recipient of the care, |
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| 36 | 38 | | assistance, or advice in excess of reimbursement for expenses |
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| 37 | 39 | | incurred by the institution in connection with the provision of the |
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| 38 | 40 | | care, assistance, or advice. |
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| 39 | 41 | | (d) The immunity provided by this section is in addition to |
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| 40 | 42 | | any other immunity or limitations of liability provided by law. |
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| 41 | 43 | | SECTION 2. Section 79.0031, Civil Practice and Remedies |
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| 42 | 44 | | Code, as added by this Act, does not apply to a cause of action that |
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| 43 | 45 | | accrued before the effective date of this Act. |
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| 44 | 46 | | SECTION 3. This Act takes effect September 1, 2019. |
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| 45 | | - | ______________________________ ______________________________ |
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| 46 | | - | President of the Senate Speaker of the House |
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| 47 | | - | I hereby certify that S.B. No. 752 passed the Senate on |
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| 48 | | - | March 19, 2019, by the following vote: Yeas 31, Nays 0. |
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| 49 | | - | ______________________________ |
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| 50 | | - | Secretary of the Senate |
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| 51 | | - | I hereby certify that S.B. No. 752 passed the House on |
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| 52 | | - | May 7, 2019, by the following vote: Yeas 146, Nays 0, two present |
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| 53 | | - | not voting. |
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| 54 | | - | ______________________________ |
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| 55 | | - | Chief Clerk of the House |
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| 56 | | - | Approved: |
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| 57 | | - | ______________________________ |
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| 58 | | - | Date |
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| 59 | | - | ______________________________ |
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| 60 | | - | Governor |
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