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.