SRC-SLL H.B. 657 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 657
By: Craddick (Bivins)
Jurisprudence
5-6-97
Engrossed


DIGEST 

Currently, emergency stress management volunteers may be subpoenaed into a
court of law and be asked to repeat and testify as to information that the
person whom they treated may have revealed to them during a period of
great distress.  This bill will provide a privilege against disclosure of
certain communications by emergency stress management volunteers. 

PURPOSE

As proposed, H.B. 657 provides a privilege against disclosure of certain
communications by emergency stress management volunteers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 22B, Civil Practice and Remedies Code, by adding
Section 22.012, as follows: 

Sec.  22.012.  EMERGENCY STRESS MANAGEMENT VOLUNTEERS.  Provides that a
confidential communication between an individual and a person treated by
the individual is privileged and may not be disclosed in the same manner
as a confidential communication between a physician and a patient may not
be disclosed if certain conditions are met. Prohibits the supreme court,
notwithstanding Section 22.004, Government Code, from amending or adopting
rules in conflict with this section. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.