| 1 | 1 | | 87R10938 AJA-F |
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| 2 | 2 | | By: Oliverson H.B. No. 4481 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to civil liability arising from COVID-19. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 10 | 10 | | amended by adding Chapter 100C to read as follows: |
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| 11 | 11 | | CHAPTER 100C. LIABILITY ARISING FROM COVID-19 |
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| 12 | 12 | | Sec. 100C.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Arising from COVID-19," with respect to personal |
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| 14 | 14 | | injury or death, means the injury or harm giving rise to the |
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| 15 | 15 | | personal injury or death was caused by or resulted from: |
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| 16 | 16 | | (A) the actual, alleged, or possible exposure to |
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| 17 | 17 | | or contraction of COVID-19; |
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| 18 | 18 | | (B) services, treatment, or other actions |
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| 19 | 19 | | performed, not performed, or delayed in response to COVID-19; |
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| 20 | 20 | | (C) the implementation of policies and |
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| 21 | 21 | | procedures to prevent or minimize the spread of COVID-19; |
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| 22 | 22 | | (D) testing for COVID-19; |
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| 23 | 23 | | (E) monitoring, collecting, reporting, tracking, |
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| 24 | 24 | | tracing, disclosing, or investigating COVID-19 exposure or other |
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| 25 | 25 | | COVID-19 related information; |
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| 26 | 26 | | (F) the use, design, manufacture, provision, |
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| 27 | 27 | | donation, or servicing of precautionary, diagnostic, collection, |
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| 28 | 28 | | or other health equipment or supplies, including personal |
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| 29 | 29 | | protective equipment; |
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| 30 | 30 | | (G) the closing or partial closing of a business |
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| 31 | 31 | | or premises to prevent or minimize the spread of COVID-19; |
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| 32 | 32 | | (H) delaying or modifying the schedule or |
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| 33 | 33 | | performance of any medical procedure; or |
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| 34 | 34 | | (I) providing services or products in response to |
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| 35 | 35 | | government appeal or repurposing operations to address an urgent |
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| 36 | 36 | | need for personal protective equipment, sanitation products, or |
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| 37 | 37 | | other products necessary to protect the public. |
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| 38 | 38 | | (2) "COVID-19" means: |
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| 39 | 39 | | (A) the novel coronavirus known as SARS-CoV-2; |
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| 40 | 40 | | (B) any mutation of SARS-CoV-2; or |
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| 41 | 41 | | (C) the coronavirus disease 2019. |
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| 42 | 42 | | Sec. 100C.002. LIMITED IMMUNITY FROM LIABILITY. (a) |
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| 43 | 43 | | Notwithstanding any other law, a person who acts in good faith in |
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| 44 | 44 | | the course of or through the performance or provision of the |
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| 45 | 45 | | person's business operations or on the premises owned or operated |
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| 46 | 46 | | by the person is immune from civil liability for ordinary |
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| 47 | 47 | | negligence for any personal injury or death arising from COVID-19 |
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| 48 | 48 | | if the person acts as an ordinary, reasonable, and prudent person |
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| 49 | 49 | | would have acted under the same or similar circumstances. For |
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| 50 | 50 | | purposes of this subsection, acting as an ordinary, reasonable, and |
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| 51 | 51 | | prudent person includes the adoption of reasonable safety measures. |
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| 52 | 52 | | (b) There is a rebuttable presumption that safety measures |
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| 53 | 53 | | adopted by a person are reasonable for purposes of Subsection (a) if |
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| 54 | 54 | | those measures conform to the Centers for Disease Control and |
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| 55 | 55 | | Prevention guidelines in existence at the time of an alleged |
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| 56 | 56 | | exposure. The rebuttable presumption provided by this subsection |
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| 57 | 57 | | does not alter the applicable standard of care for medical, legal, |
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| 58 | 58 | | or other negligence cases. |
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| 59 | 59 | | (c) This section does not apply to an act or omission that |
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| 60 | 60 | | constitutes an intentional tort or wilful or reckless misconduct. |
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| 61 | 61 | | (d) Nothing in this section may be construed to modify the |
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| 62 | 62 | | application of the state's workers' compensation laws. |
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| 63 | 63 | | (e) The immunity provided by this section is in addition to |
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| 64 | 64 | | any other immunity under state or federal law. |
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| 65 | 65 | | Sec. 100C.003. EXPIRATION. This chapter expires September |
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| 66 | 66 | | 1, 2023. |
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| 67 | 67 | | SECTION 2. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2021. |
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