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
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