H.B. No. 2237 1-1 AN ACT 1-2 relating to qualified immunity from civil liability for certain 1-3 impartial third parties who conduct or facilitate alternative 1-4 dispute resolution procedures. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter C, Chapter 154, Civil Practice and 1-7 Remedies Code, is amended by adding Section 154.055 to read as 1-8 follows: 1-9 Sec. 154.055. QUALIFIED IMMUNITY OF IMPARTIAL THIRD PARTIES. 1-10 (a) A person appointed to facilitate an alternative dispute 1-11 resolution procedure under this subchapter or under Chapter 152 1-12 relating to an alternative dispute resolution system established by 1-13 counties, or appointed by the parties whether before or after the 1-14 institution of formal judicial proceedings, who is a volunteer and 1-15 who does not act with wanton and wilful disregard of the rights, 1-16 safety, or property of another, is immune from civil liability for 1-17 any act or omission within the course and scope of his or her 1-18 duties or functions as an impartial third party. For purposes of 1-19 this section, a volunteer impartial third party is a person who 1-20 does not receive compensation in excess of reimbursement for 1-21 expenses incurred or a stipend intended as reimbursement for 1-22 expenses incurred. 1-23 (b) This section neither applies to nor is it intended to 1-24 enlarge or diminish any rights or immunities enjoyed by an 2-1 arbitrator participating in a binding arbitration pursuant to any 2-2 applicable statute or treaty. 2-3 SECTION 2. This Act takes effect September 1, 1993, and 2-4 applies to all acts or omissions alleged against an impartial third 2-5 party occurring in connection with an alternative dispute 2-6 resolution proceeding on or after that date. Causes for which the 2-7 original petition was filed before the effective date of this Act 2-8 are covered by the law as it existed on the date the case was 2-9 filed, and that law is continued in effect for that purpose. 2-10 SECTION 3. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended, 2-15 and that this Act take effect and be in force according to its 2-16 terms, and it is so enacted.