By: Gutierrez H.B. No. 907 73R1341 DLF-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the liability of an independent contractor providing 1-3 emergency medical services on behalf of a governmental entity. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 773.009, Health and Safety Code, is 1-6 amended to read as follows: 1-7 Sec. 773.009. Limitation on Civil Liability. (a) A person 1-8 who authorizes, sponsors, supports, finances, or supervises the 1-9 functions of emergency room personnel and emergency medical 1-10 services personnel is not liable for civil damages for an act or 1-11 omission connected with training emergency medical services 1-12 personnel or with services or treatment given to a patient or 1-13 potential patient by emergency medical services personnel if the 1-14 training, services, or treatment is performed in accordance with 1-15 the standard of ordinary care. 1-16 (b) Emergency medical services that are provided through the 1-17 use of an emergency medical services vehicle and that are provided 1-18 by a governmental entity through another person by lease or 1-19 contract or by any other method are governmental functions and are 1-20 not proprietary functions for purposes of Chapter 101, Civil 1-21 Practice and Remedies Code, or any other law. A person who 1-22 provides emergency medical services using an emergency medical 1-23 services vehicle as an independent contractor for a governmental 1-24 entity is liable for damages for personal injury, death, or 2-1 property damage only to the extent that the governmental entity 2-2 would be liable if the governmental entity was providing the 2-3 services. 2-4 SECTION 2. This Act applies only to a cause of action that 2-5 accrues on or after the effective date of this Act. An action that 2-6 accrued before the effective date of this Act is governed by the 2-7 law in effect at the time the action accrued, and that law is 2-8 continued in effect for that purpose. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended, 2-14 and that this Act take effect and be in force from and after its 2-15 passage, and it is so enacted.