Texas 2021 - 87th Regular

Texas House Bill HB4481 Latest Draft

Bill / Introduced Version Filed 03/12/2021

                            87R10938 AJA-F
 By: Oliverson H.B. No. 4481


 A BILL TO BE ENTITLED
 AN ACT
 relating to civil liability arising from COVID-19.
 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 100C to read as follows:
 CHAPTER 100C. LIABILITY ARISING FROM COVID-19
 Sec. 100C.001.  DEFINITIONS. In this chapter:
 (1)  "Arising from COVID-19," with respect to personal
 injury or death, means the injury or harm giving rise to the
 personal injury or death was caused by or resulted from:
 (A)  the actual, alleged, or possible exposure to
 or contraction of COVID-19;
 (B)  services, treatment, or other actions
 performed, not performed, or delayed in response to COVID-19;
 (C)  the implementation of policies and
 procedures to prevent or minimize the spread of COVID-19;
 (D)  testing for COVID-19;
 (E)  monitoring, collecting, reporting, tracking,
 tracing, disclosing, or investigating COVID-19 exposure or other
 COVID-19 related information;
 (F)  the use, design, manufacture, provision,
 donation, or servicing of precautionary, diagnostic, collection,
 or other health equipment or supplies, including personal
 protective equipment;
 (G)  the closing or partial closing of a business
 or premises to prevent or minimize the spread of COVID-19;
 (H)  delaying or modifying the schedule or
 performance of any medical procedure; or
 (I)  providing services or products in response to
 government appeal or repurposing operations to address an urgent
 need for personal protective equipment, sanitation products, or
 other products necessary to protect the public.
 (2)  "COVID-19" means:
 (A)  the novel coronavirus known as SARS-CoV-2;
 (B)  any mutation of SARS-CoV-2; or
 (C)  the coronavirus disease 2019.
 Sec. 100C.002.  LIMITED IMMUNITY FROM LIABILITY. (a)
 Notwithstanding any other law, a person who acts in good faith in
 the course of or through the performance or provision of the
 person's business operations or on the premises owned or operated
 by the person is immune from civil liability for ordinary
 negligence for any personal injury or death arising from COVID-19
 if the person acts as an ordinary, reasonable, and prudent person
 would have acted under the same or similar circumstances. For
 purposes of this subsection, acting as an ordinary, reasonable, and
 prudent person includes the adoption of reasonable safety measures.
 (b)  There is a rebuttable presumption that safety measures
 adopted by a person are reasonable for purposes of Subsection (a) if
 those measures conform to the Centers for Disease Control and
 Prevention guidelines in existence at the time of an alleged
 exposure. The rebuttable presumption provided by this subsection
 does not alter the applicable standard of care for medical, legal,
 or other negligence cases.
 (c)  This section does not apply to an act or omission that
 constitutes an intentional tort or wilful or reckless misconduct.
 (d)  Nothing in this section may be construed to modify the
 application of the state's workers' compensation laws.
 (e)  The immunity provided by this section is in addition to
 any other immunity under state or federal law.
 Sec. 100C.003.  EXPIRATION. This chapter expires September
 1, 2023.
 SECTION 2.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution. If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2021.