Bill Text: TX SB752 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to liability of volunteer health care providers and health care institutions for care, assistance, or advice provided in relation to a disaster.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-05-20 - Effective on 9/1/19 [SB752 Detail]
Download: Texas-2019-SB752-Enrolled.html
S.B. No. 752 |
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relating to liability of volunteer health care providers and health | ||
care institutions for care, assistance, or advice provided in | ||
relation to a disaster. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 79, Civil Practice and Remedies Code, is | ||
amended by adding Section 79.0031 to read as follows: | ||
Sec. 79.0031. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER | ||
OR HEALTH CARE INSTITUTION. (a) In this section: | ||
(1) "Health care institution" has the meaning assigned | ||
by Section 74.001. | ||
(2) "Volunteer health care provider" has the meaning | ||
assigned by Section 84.003. The term includes an individual who is | ||
not affiliated with a charitable organization. | ||
(b) Except in the case of reckless conduct or intentional, | ||
wilful, or wanton misconduct, a volunteer health care provider is | ||
immune from civil liability for an act or omission that occurs in | ||
giving care, assistance, or advice if the care, assistance, or | ||
advice is provided: | ||
(1) in relation to an incident that is a man-made or | ||
natural disaster that endangers or threatens to endanger | ||
individuals, property, or the environment; and | ||
(2) within the scope of the provider's practice under | ||
the laws of this state. | ||
(c) A health care institution is immune from civil liability | ||
for an act or omission by a volunteer health care provider providing | ||
care, assistance, or advice at the institution's facility or under | ||
the institution's direction if: | ||
(1) the provider is immune from civil liability under | ||
Subsection (b); and | ||
(2) the institution does not have an expectation of | ||
compensation from or on behalf of the recipient of the care, | ||
assistance, or advice in excess of reimbursement for expenses | ||
incurred by the institution in connection with the provision of the | ||
care, assistance, or advice. | ||
(d) The immunity provided by this section is in addition to | ||
any other immunity or limitations of liability provided by law. | ||
SECTION 2. Section 79.0031, 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. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 752 passed the Senate on | ||
March 19, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 752 passed the House on | ||
May 7, 2019, by the following vote: Yeas 146, Nays 0, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |