By Averitt H.B. No. 2348
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 Amending Sections 84.005, 84.006 and subsection (g) of
1-3 Section 84.007, Chapter 84, Title 4 Civil Practice and Remedies
1-4 Code
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1, Section 84.005 Chapter 84, Title 4 Civil Practice
1-7 and Remedies Code is amended to hereafter read as follows:
1-8 Sec. 84.005. Employee Liability. Except as provided in
1-9 Section 84.007 of this Act, in any civil action brought against an
1-10 employee of a nonhospital charitable organization for damages based
1-11 on an act or omission by the person in the course and scope of the
1-12 person's employment, the liability of the employee is limited to
1-13 money damages in a maximum amount of $500,000 for each person and
1-14 $1,000,000 in the aggregate for each single occurrence for death or
1-15 bodily injury and <$100,000 for each single occurrence for> injury
1-16 to or destruction of property.
1-17 SECTION 2, Section 84.006, Chapter 84, Title 4 Civil
1-18 Practice and Remedies Code is amended to hereafter read as follows:
1-19 Sec. 84.006. Organization Liability. Except as provided in
1-20 Section 84.007 of this Act, in any civil action brought against a
1-21 nonhospital charitable organization for damages based on an act or
1-22 omission by the organization or its employees or volunteers, the
1-23 liability of the organization is limited to money damages in a
2-1 maximum amount of $500,000 for each person and $1,000,000 in the
2-2 aggregate for each single occurrence for death or bodily injury and
2-3 <$100,000 for each single occurrence for> injury to or destruction
2-4 of property.
2-5 SECTION 3, Subsection (g) of Section 84.007 Chapter 84,
2-6 Title 4 Civil Practice and Remedies Code is amended to hereafter
2-7 read as follows:
2-8 (g) Sections 84.005 and 84.006 of this Act do not apply to
2-9 any charitable organization that does not have liability insurance
2-10 coverage in effect on any act or omission to which this chapter
2-11 applies. The coverage shall apply to the acts or omissions of the
2-12 organization and its employees and volunteers and be in the amount
2-13 of at least $500,000 for each person and $1,000,000 in the
2-14 aggregate for each single occurrence for death or bodily injury and
2-15 <$100,000 for each single occurrence for> injury to or destruction
2-16 of property. The coverage may be provided under a contract of
2-17 insurance or other plan of insurance authorized by statute.
2-18 Nothing in this chapter shall limit liability of any insurer or
2-19 insurance plan in an action under Chapter 21, Insurance Code, or in
2-20 an action for bad faith conduct, breach of fiduciary duty, or
2-21 negligent failure to settle a claim.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.