By: Montford S.B. No. 1506
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the liability for civil damages which may result from a
1-2 person's service as a volunteer, board member, or employee of a
1-3 volunteer advocate charitable organization; allowing written
1-4 reports by volunteers as evidence.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.101, Family Code, as amended by
1-7 Chapter 452, Acts of the 70th Legislature, Regular Session, 1987,
1-8 is amended by amending Subsection (c) and by adding Subsection (d)
1-9 to read as follows:
1-10 (c) A <person> volunteer, board member, or employee of a
1-11 volunteer advocate charitable organization is not liable in civil
1-12 damages for recommendations made or opinions rendered while serving
1-13 or having served as a court-appointed volunteer, board member,
1-14 employee, or member of an administrative review board under this
1-15 section unless the act or failure to act is wilfully wrongful, done
1-16 with conscious indifference or reckless disregard for the safety of
1-17 other, done in bad faith or malice, or is grossly negligent.
1-18 (d) A written report prepared by a volunteer shall be
1-19 ordered and obtained by the court. The report shall contain only
1-20 information relevant to the suit affecting the parent-child
1-21 relationship in which the volunteer advocate has been appointed.
1-22 The court or jury may consider the report if the volunteer advocate
1-23 is present and available to testify, or if the deposition of the
2-1 volunteer advocate has been taken according to the rules of
2-2 discovery and all parties have had an opportunity to cross examine
2-3 the volunteer advocate under oath.
2-4 SECTION 2. (a) This Act takes effect September 1, 1995, and
2-5 applies to a cause of action that accrues on or after that date.
2-6 An action that violates a penal law of this state accrues on or
2-7 after the effective date of this Act if every element of the
2-8 violation occurs on or after that date.
2-9 (b) An action that accrues before the effective date of this
2-10 Act is governed by the law in effect at the time the action
2-11 accrued, and that law is continued in effect for this purpose.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.