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.