Texas 2021 - 87th Regular

Texas House Bill HB2850 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2850
	1	+	By: Kacal, Guillen (Senate Sponsor - Springer) H.B. No. 2850
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 12, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; May 21, 2021, reported favorably by
	5	+	the following vote: Yeas 8, Nays 0; May 21, 2021, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the liability of certain volunteers who provide
6	13		veterinary care or treatment and certain confidential or privileged
7	14		information related to veterinary care or treatment.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Title 4, Civil Practice and Remedies Code, is
10	17		amended by adding Chapter 91B to read as follows:
11	18		CHAPTER 91B. LIABILITY OF VOLUNTEER VETERINARY PRACTITIONERS
12	19		Sec. 91B.001. DEFINITIONS. In this chapter, "certified
13	20		veterinary assistant," "licensed veterinary technician," and
14	21		"veterinarian" have the meanings assigned by Section 801.002,
15	22		Occupations Code.
16	23		Sec. 91B.002. IMMUNITY FROM LIABILITY. (a) Except as
17	24		provided by Section 91B.003, a certified veterinary assistant,
18	25		licensed veterinary technician, or veterinarian who in good faith
19	26		and as a volunteer provides veterinary care or treatment to an
20	27		injured animal is immune from civil liability for an act or omission
21	28		that occurs in providing that care or treatment if the care or
22	29		treatment is provided:
23	30		(1) in response to an incident that is a man-made or
24	31		natural disaster that injures, endangers, or threatens to endanger
25	32		the animal;
26	33		(2) at the request of the owner of the animal or an
27	34		authorized representative of a local, state, or federal agency,
28	35		including a fire department, a police department, an emergency
29	36		management agency, or a disaster response agency; and
30	37		(3) within the scope of practice authorized and level
31	38		of supervision required under Chapter 801, Occupations Code.
32	39		(b) This section does not apply to a certified veterinary
33	40		assistant, licensed veterinary technician, or veterinarian giving
34	41		veterinary care or treatment for or in expectation of compensation
35	42		from or on behalf of the owner of the animal in excess of
36	43		reimbursement for expenses incurred.
37	44		Sec. 91B.003. APPLICABILITY. This chapter does not apply
38	45		to an act or omission that is grossly negligent or intentional
39	46		misconduct.
40	47		SECTION 2. Section 801.353, Occupations Code, is amended by
41	48		adding Subsections (d-2) and (f-1) and amending Subsection (g) to
42	49		read as follows:
43	50		(d-2) The privilege provided by this section is waived by
44	51		the client or the owner of the animal treated by the veterinarian
45	52		with respect to information regarding the animal's care and
46	53		treatment by the veterinarian that the client or owner publishes in
47	54		a public forum if:
48	55		(1) the information shared by the client or owner in
49	56		the public forum is false with respect to the veterinarian;
50	57		(2) any information shared by the veterinarian in
51	58		response is limited to factual information of which the
52	59		veterinarian has knowledge that directly refutes the false
53	60		information shared by the client or owner in the public forum; and
54	61		(3) the veterinarian does not share any personally
55	62		identifiable information of a client or owner other than the full
56	63		name of the client or owner.
57	64		(f-1) A veterinarian does not violate this section by
58	65		providing to a veterinarian or an appropriate governmental entity
59	66		information regarding:
60	67		(1) the prescribing, dispensing, or requesting of a
61	68		controlled substance; or
62	69		(2) cruelty to or an attack of an animal.
63	70		(g) A public health authority or other governmental entity
64	71		that receives information under Subsection (f) or (f-1) shall
65	72		maintain the confidentiality of the information, may not disclose
66	73		the information under Chapter 552, Government Code, and may not use
67	74		the information for a purpose that does not directly relate to law
68	75		enforcement or the protection of public health and safety.
69	76		SECTION 3. Chapter 91B, Civil Practice and Remedies Code,
70	77		as added by this Act, does not apply to a cause of action that
71	78		accrued before the effective date of this Act. A cause of action
72	79		that accrued before the effective date of this Act is governed by
73	80		the law applicable to the cause of action immediately before the
74	81		effective date of this Act, and that law is continued in effect for
75	82		that purpose.
76	83		SECTION 4. Section 801.353, Occupations Code, as amended by
77	84		this Act, applies only to the disclosure or release of information
78	85		under that section on or after the effective date of this Act. The
79	86		disclosure or release of information before that date is governed
80	87		by the law in effect on the date of the disclosure or release, and
81	88		the former law is continued in effect for that purpose.
82	89		SECTION 5. This Act takes effect September 1, 2021.
83		-	______________________________ ______________________________
84		-	President of the Senate Speaker of the House
85		-	I certify that H.B. No. 2850 was passed by the House on May 8,
86		-	2021, by the following vote: Yeas 132, Nays 7, 2 present, not
87		-	voting.
88		-	______________________________
89		-	Chief Clerk of the House
90		-	I certify that H.B. No. 2850 was passed by the Senate on May
91		-	27, 2021, by the following vote: Yeas 31, Nays 0.
92		-	______________________________
93		-	Secretary of the Senate
94		-	APPROVED: _____________________
95		-	Date
96		-	_____________________
97		-	Governor
	90	+	* * * * *