ZEM H.B. 657 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 657
By: Craddick
3-18-97
Committee Report (Unamended)



BACKGROUND 

Currently, emergency stress management volunteers (trauma counselors) 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 in
a period of great distress. 

PURPOSE

This bill extends the right, in certain circumstances, of privileged
confidential communication between an individual and a person treated by
that individual in the same manner as a confidential communication between
a physician and a patient. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Subchapter B, Chapter 22, Civil Practice and Remedies
Code, as follows: 

 Sec. 22.012  (a) Provides that communication between an individual and a
person     treated by that individual is privileged and may not be
disclosed if: 

    (1) the communication is made during the treatment of trauma      or
critical stress arising from a life-threatening situation or      a
sudden, unexpected, or inexplicable event happening to      the person
treated or to a family member or other person      with whom the person
treated has a close relationship; and  

    (2) the individual attending the person provides such        treatment
on a voluntary basis for a nonprofit entity.   
   (b) Provides that, notwithstanding Sec. 22.004, Government Code, the
Supreme Court may not amend or adopt rules in conflict with this
resolution. 

SECTION 2 Applies to all privileged communications made before, on, or
after the effective date.  

SECTION 3 Emergency clause; Effective date: upon passage.