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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