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.