ZEM H.B. 1756 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 1756 By: Telford 4-24-97 Committee Report (Unamended) BACKGROUND Last year, more than 87,000 hours of volunteer service were contributed to benefit youth at the Texas Youth Commission (TYC). Though liability insurance coverage is in effect to cover the personal liability claims against them, these volunteers are not extended the same protection against liability that volunteers for charitable organizations enjoy. Direct service volunteers for charitable organizations who perform the same kinds of youth services are protected against personal liability under the provisions of the Charitable Immunity and Liability Act of 1987 (Sec. 84.004(b), Civil Practices and Remedies Code). However, because Youth Commission volunteers are performing their services for a "governmental unit," the Act specifically excludes them from its coverage (Sec. 84.007(f), Civil Practices and Remedies Code). The difference in treatment of volunteers for charitable organizations and volunteers for governmental units has resulted in a reluctance of the part of some volunteers to serve the commission's youth and has caused uncertainty about personal exposure to liability on the part of those who do serve. PURPOSE The bill amends the Texas Youth Commission's enabling act to add a provision that extends commission volunteers the same liability protection that is provided to direct service volunteers in the Charitable Immunity and Liability Act. 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 G, Chapter 61, Human Resources Code, by adding Sec. 61.096 to read as follows: a) immunizes a TYC volunteer from liability from damages arising from an act or omission (except for damages related to the volunteer's use of any motor-driven equipment) that results in personal injury, death, or property damage if the act or omission occurred in the course and scope of the volunteer's duties as a volunteer and is not intentional or grossly negligent b) limits the liability of a TYC volunteer for personal injury, death or damages resulting from the volunteer's operation of any motor-driven equipment to the greater amount required under financial responsibility laws of Chapter 601, Transportation Code, or the amount of any liability insurance coverage that applies to the act c) defines "volunteer" as a person who renders service for or on behalf of the commission who does not receive compensation in excess of reimbursement for expenses. SECTION 2. Applies prospectively; savings clause. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency Clause.