1-1  By:  Shelley                                           S.B. No. 386
    1-2        (In the Senate - Filed February 18, 1993; February 18, 1993,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  March 30, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; March 30, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Henderson          x                               
   1-10        Harris of Tarrant  x                               
   1-11        Brown              x                               
   1-12        Harris of Dallas   x                               
   1-13        Luna               x                               
   1-14        Parker             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 386                    By:  Brown
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the liability of persons providing emergency care.
   1-20        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-21        SECTION 1.  Section 74.001, Civil Practice and Remedies Code,
   1-22  is amended to read as follows:
   1-23        Sec. 74.001.  LIABILITY FOR EMERGENCY CARE.  (a)  A person
   1-24  who in good faith administers emergency care at the scene of an
   1-25  emergency but not <or> in a hospital or other health care facility
   1-26  or means of medical transport is not liable in civil damages for an
   1-27  act performed during the emergency unless the act is wilfully or
   1-28  wantonly negligent.
   1-29        (b)  This section does not apply to care administered:
   1-30              (1)  for or in expectation of remuneration; or
   1-31              (2)  by a person who was at the scene of the emergency
   1-32  because he or a person he represents as an agent was soliciting
   1-33  business or seeking to perform a service for remuneration<;>
   1-34              <(3)  by a person who regularly administers care in a
   1-35  hospital emergency room; or>
   1-36              <(4)  by an admitting physician or a treating physician
   1-37  associated by the admitting physician of the patient bringing a
   1-38  health care liability claim>.
   1-39        (c)  If the scene of an emergency is in a hospital or other
   1-40  health care facility or means of medical transport, a person who in
   1-41  good faith administers emergency care is not liable in civil
   1-42  damages for an act performed during the emergency unless the act is
   1-43  wilfully or wantonly negligent, provided that this subsection does
   1-44  not apply to care administered:
   1-45              (1)  by a person who regularly administers care in a
   1-46  hospital emergency room unless such person is at the scene of the
   1-47  emergency for reasons wholly unrelated to the person's work in
   1-48  administering health care; or
   1-49              (2)  by an admitting or attending physician of the
   1-50  patient or a treating physician associated by the admitting or
   1-51  attending physician of the patient in question.
   1-52        (d)  For purposes of Subsections (b)(1) and (c)(1), a person
   1-53  who would ordinarily receive or be entitled to receive a salary,
   1-54  fee, or other remuneration for administering care under such
   1-55  circumstances to the patient in question shall be deemed to be
   1-56  acting for or in expectation of remuneration even if the person
   1-57  waives or elects not to charge or receive remuneration on the
   1-58  occasion in question.
   1-59        (e)  This section does not apply to a person whose negligent
   1-60  act or omission was a producing cause of the emergency for which
   1-61  care is being administered.
   1-62        SECTION 2.  The importance of this legislation and the
   1-63  crowded condition of the calendars in both houses create an
   1-64  emergency and an imperative public necessity that the
   1-65  constitutional rule requiring bills to be read on three several
   1-66  days in each house be suspended, and this rule is hereby suspended.
   1-67                               * * * * *
   1-68                                                         Austin,
    2-1  Texas
    2-2                                                         March 30, 1993
    2-3  Hon. Bob Bullock
    2-4  President of the Senate
    2-5  Sir:
    2-6  We, your Committee on Jurisprudence to which was referred S.B. No.
    2-7  386, have had the same under consideration, and I am instructed to
    2-8  report it back to the Senate with the recommendation that it do not
    2-9  pass, but that the Committee Substitute adopted in lieu thereof do
   2-10  pass and be printed.
   2-11                                                         Henderson,
   2-12  Chairman
   2-13                               * * * * *
   2-14                               WITNESSES
   2-15  No witnesses appeared on S.B. No. 386.