Amend HB 2384, by inserting the following new SECTIONS in the
appropriate location and renumbering as appropriate:
      SECTION _____.  Subdivision (2), Section 84.003, Civil
Practice and Remedies Code, is amended to read as follows:
            (2)  "Volunteer" means a person rendering services for
or on behalf of a charitable organization who does not receive
compensation in excess of reimbursement for expenses incurred, and
such term includes a person serving as a director, officer,
trustee, or direct service volunteer, and such term also includes
an individual who voluntarily provides health care services without
compensation or any expectation of compensation and who is either:
                  (A)  an individual who is licensed to practice
medicine under the Medical Practice Act (Article 4495b, Vernon's
Texas Civil Statutes);
                  (B)  a retired physician who is eligible to
provide health care services, including a retired physician who is
licensed but exempt from paying the required annual registration
fee under Section 3.01(a), Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes);
                  (C)  a physician assistant as provided under the
Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas
Civil Statutes), a registered nurse as provided under Chapter 7,
Title 71, Revised Statutes, licensed vocational nurse as provided
under Chapter 118, Acts of the 52nd Legislature, 1951 (Article
4528c, Vernon's Texas Civil Statutes), a pharmacist as provided
under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
Statutes), a podiatrist as provided under Chapter 11, Title 71,
Revised Statutes, or a dentist as provided under the Dental
Practice Act, Chapter 9, Title 71, Revised Statutes; or
                  (D)  a retired physician assistant, a retired
registered nurse, a retired licensed vocational nurse, a retired
pharmacist, a retired podiatrist, or a retired dentist who is
eligible to provide health care services under the law of this
state.
      SECTION _____.  Subsection (b), Section 84.004, Civil
Practice and Remedies Code, is amended to read as follows:
      (b)  Except as provided by Subsection (c) of this section and
Section 84.007 of this Act, a volunteer who is serving as a direct
service volunteer of a charitable organization is immune from civil
liability for any act or omission resulting in death, damage, or
injury if the volunteer was acting in good faith and in the course
and scope of his duties or functions within the organization and,
in the case of a volunteer described in Sections 84.003(2)(A)-(D)
of this code, who is rendering health care services:
            (1)  the volunteer commits the act or omission in the
course of providing health care services to the patient;
            (2)  the services provided are within the scope of the
license of the volunteer; and
            (3)  the patient or, if the patient is a minor or is
otherwise legally incompetent, the patient's parent, managing
conservator, legal guardian, or other person with legal
responsibility for the care of the patient signs a written
statement that:
                  (A)  acknowledges that the volunteer is providing
care that is not administered for or in expectation of
compensation; and
                  (B)  waives the right to recover damages from the
volunteer in exchange for receiving the uncompensated services.
      SECTION _____.  The provisions of this Act that amend Chapter
84, Civil Practices and Remedies Code take effect September 1,
1997, and apply only to a cause of action that accrues on or after
that date.  An action that accrued before the effective date of
this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.