By:  Hunter, Todd                                     H.B. No. 2237
       73R6712 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  to grant qualified immunity from civil liability to 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,  Texas Civil Practice
    1-7  & Remedies Code, is amended by adding the following Section:
    1-8        Sec. 154.055.  QUALIFIED IMMUNITY OF IMPARTIAL THIRD PARTIES
    1-9        (a)  A person appointed to facilitate an alternative dispute
   1-10  resolution procedure under this subchapter or under chapter 152
   1-11  relating to an alternative dispute resolution system established by
   1-12  counties, or appointed by the parties whether before or after the
   1-13  institution of formal judicial proceedings, who is a volunteer, and
   1-14  who does not act with wanton and willful disregard of the rights,
   1-15  safety, or property of another, is immune from civil liability for
   1-16  any act or omission within the course and scope of his or her
   1-17  duties or functions as an impartial third party.  For purposes of
   1-18  this Section, a volunteer impartial third party is a person who
   1-19  does not receive compensation in excess of reimbursement for
   1-20  expenses incurred or a stipend intended as reimbursement for
   1-21  expenses incurred.
   1-22        (b)  This Section neither applies to nor is it intended to
   1-23  enlarge or diminish any rights or immunities enjoyed by an
   1-24  arbitrator participating in a binding arbitration pursuant to any
    2-1  applicable statute or treaty.
    2-2        SECTION 2.  This Act takes effect September 1, 1993, and
    2-3  applies to all acts or omissions alleged against an impartial third
    2-4  party occurring in connection with an alternative dispute
    2-5  resolution proceeding on or after that date.  Causes for which the
    2-6  original petition was filed before the effective date of this Act
    2-7  are covered by the law as it existed on the date the case was
    2-8  filed, and that law is 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 separate
   2-13  days in each house be suspended, and that this rule is hereby
   2-14  suspended, and that this Act take effect and be in force according
   2-15  to its terms, and it is so enacted.