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.