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.