By:  Shelley                                           S.B. No. 386
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the liability of persons providing emergency care.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 74.001, Civil Practice and Remedies Code,
    1-4  is amended to read as follows:
    1-5        Sec. 74.001.  LIABILITY FOR EMERGENCY CARE.  (a)  A person
    1-6  who in good faith administers emergency care at the scene of an
    1-7  emergency or in a hospital is not liable in civil damages for an
    1-8  act performed during the emergency unless the act is wilfully or
    1-9  wantonly negligent.
   1-10        (b)  This section does not apply to care administered:
   1-11              (1)  for or in expectation of remuneration; or
   1-12              (2)  by a person who was at the scene of the emergency
   1-13  because he or a person he represents as an agent was soliciting
   1-14  business or seeking to perform a service for remuneration<;>
   1-15              <(3)  by a person who regularly administers care in a
   1-16  hospital emergency room; or>
   1-17              <(4)  by an admitting physician or a treating physician
   1-18  associated by the admitting physician of the patient bringing a
   1-19  health-care liability claim>.
   1-20        SECTION 2.  The importance of this legislation and the
   1-21  crowded condition of the calendars in both houses create an
   1-22  emergency and an imperative public necessity that the
   1-23  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended.