By:  Harris of Tarrant                                S.B. No. 1471
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1        Amending Sections 84.005, 84.006 and Subsection (g) of
    1-2  Section 84.007, Chapter 84, Title 4 Civil Practice and Remedies
    1-3  Code.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 84.005 Chapter 84, Title 4 Civil Practice
    1-6  and Remedies Code is amended to hereafter read as follows:
    1-7        Sec. 84.005.  EMPLOYEE LIABILITY.  Except as provided in
    1-8  Section 84.007 of this Act, in any civil action brought against an
    1-9  employee of a nonhospital charitable organization for damages based
   1-10  on an act or omission by the person in the course and scope of the
   1-11  person's employment, the liability of the employee is limited to
   1-12  money damages in a maximum amount of $500,000 for each person and
   1-13  $1,000,000 in the aggregate for each single occurrence for death or
   1-14  bodily injury and injury to or destruction of property.
   1-15        SECTION 2.  Section 84.006, Chapter 84, Title 4 Civil
   1-16  Practice and Remedies Code is amended to hereafter read as follows:
   1-17        Sec. 84.006.  ORGANIZATION LIABILITY.  Except as provided in
   1-18  Section 84.007 of this Act, in any civil action brought against a
   1-19  nonhospital charitable organization for damages based on an act or
   1-20  omission by the organization or its employees or volunteers, the
   1-21  liability of the organization is limited to money damages in a
   1-22  maximum amount of $500,000 for each person and $1,000,000 in the
   1-23  aggregate for each single occurrence for death or bodily injury and
    2-1  injury to or destruction of property.
    2-2        SECTION 3.  Subsection (g) of Section 84.007 Chapter 84,
    2-3  Title 4 Civil Practice and Remedies Code is amended to hereafter
    2-4  read as follows:
    2-5        (g)  Sections 84.005 and 84.006 of this Act do not apply to
    2-6  any charitable organization that does not have liability insurance
    2-7  coverage in effect on any act or omission to which this chapter
    2-8  applies.  The coverage shall apply to the acts or omissions of the
    2-9  organization and its employees and volunteers and be in the amount
   2-10  of at least $1,000,000 for each single occurrence for death or
   2-11  bodily injury and injury to or destruction of property and
   2-12  $1,000,000 aggregate for the policy term.  The coverage may be
   2-13  provided under a contract of insurance or other plan of insurance
   2-14  authorized by statute.  Nothing in this chapter shall limit
   2-15  liability of any insurer or insurance plan in an action under
   2-16  Chapter 21, Insurance Code, or in an action for bad faith conduct,
   2-17  breach of fiduciary duty, or negligent failure to settle a claim.
   2-18        SECTION 4.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.