1-1 By: Hunter of Nueces (Senate Sponsor - Henderson) H.B. No. 2237 1-2 (In the Senate - Received from the House May 10, 1993; 1-3 May 12, 1993, read first time and referred to Committee on 1-4 Jurisprudence; May 25, 1993, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 25, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Henderson x 1-9 Harris of Tarrant x 1-10 Brown x 1-11 Harris of Dallas x 1-12 Luna x 1-13 Parker x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to qualified immunity from civil liability for certain 1-18 impartial third parties who conduct or facilitate alternative 1-19 dispute resolution procedures. 1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-21 SECTION 1. Subchapter C, Chapter 154, Civil Practice and 1-22 Remedies Code, is amended by adding Section 154.055 to read as 1-23 follows: 1-24 Sec. 154.055. QUALIFIED IMMUNITY OF IMPARTIAL THIRD PARTIES. 1-25 (a) A person appointed to facilitate an alternative dispute 1-26 resolution procedure under this subchapter or under Chapter 152 1-27 relating to an alternative dispute resolution system established by 1-28 counties, or appointed by the parties whether before or after the 1-29 institution of formal judicial proceedings, who is a volunteer and 1-30 who does not act with wanton and wilful disregard of the rights, 1-31 safety, or property of another, is immune from civil liability for 1-32 any act or omission within the course and scope of his or her 1-33 duties or functions as an impartial third party. For purposes of 1-34 this section, a volunteer impartial third party is a person who 1-35 does not receive compensation in excess of reimbursement for 1-36 expenses incurred or a stipend intended as reimbursement for 1-37 expenses incurred. 1-38 (b) This section neither applies to nor is it intended to 1-39 enlarge or diminish any rights or immunities enjoyed by an 1-40 arbitrator participating in a binding arbitration pursuant to any 1-41 applicable statute or treaty. 1-42 SECTION 2. This Act takes effect September 1, 1993, and 1-43 applies to all acts or omissions alleged against an impartial third 1-44 party occurring in connection with an alternative dispute 1-45 resolution proceeding on or after that date. Causes for which the 1-46 original petition was filed before the effective date of this Act 1-47 are covered by the law as it existed on the date the case was 1-48 filed, and that law is continued in effect for that purpose. 1-49 SECTION 3. The importance of this legislation and the 1-50 crowded condition of the calendars in both houses create an 1-51 emergency and an imperative public necessity that the 1-52 constitutional rule requiring bills to be read on three several 1-53 days in each house be suspended, and this rule is hereby suspended, 1-54 and that this Act take effect and be in force according to its 1-55 terms, and it is so enacted. 1-56 * * * * * 1-57 Austin, 1-58 Texas 1-59 May 25, 1993 1-60 Hon. Bob Bullock 1-61 President of the Senate 1-62 Sir: 1-63 We, your Committee on Jurisprudence to which was referred H.B. 1-64 No. 2237, have had the same under consideration, and I am 1-65 instructed to report it back to the Senate with the recommendation 1-66 that it do pass and be printed. 1-67 Henderson, 1-68 Chairman 2-1 * * * * * 2-2 WITNESSES 2-3 FOR AGAINST ON 2-4 ___________________________________________________________________ 2-5 Name: David Cohen x 2-6 Representing: ADR Section 2-7 City: Austin 2-8 -------------------------------------------------------------------