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.