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.