Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

HOUSE BILL 3439  

HOUSE AUTHOR: Rose

EFFECTIVE: 9-1-03         

SENATE SPONSOR: Carona

House Bill 3439 amends provisions of the Civil Practice and Remedies Code relating to limiting the liability of certain health care practitioners. A health care practitioner who conducts free physical examinations or medical screenings for students who participate in school-sponsored extracurricular or sporting activities is immune from civil liability for any act or omission resulting in the death or injury to the student under certain conditions. In order to receive the immunity protection, the bill requires the practitioner to have liability insurance coverage in effect for certain amounts to cover any act or omission. The bill does not limit the liability of a practitioner for any act or omission that was intentional, wilful, or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others. The bill does not affect the liability limits or immunity of a school district or the liability limits of an insurer or insurance plan under certain circumstances and does not apply to a governmental unit or its employees.