ZEM H.B. 2169 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 2169 By: Kubiak 4-24-97 Committee Report (Amended) BACKGROUND The current law (Section 101.001, Civil Practice and Remedies Code) does not classify volunteer emergency medical service providers as "governmental units" as it does volunteer fire departments. This means that while the liability for volunteer fire departments is capped at $100,000 per person and $300,000 per occurrence as are other governmental units, the equivalent volunteer emergency medical services are not. This creates an enormous financial burden for volunteer emergency medical service providers, which are often the sole source of emergency medical attention for rural citizens throughout the state. PURPOSE The bill adds to the definition of a governmental unit under this section the term "emergency service organization," a term which encompasses volunteer fire departments, rescue squads and non-profit/volunteer emergency medical service providers. Their liability is capped in a similar fashion to other governmental units. 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 Section 101.001, Civil Practices and Remedies Code, to add and define the new term "Emergency Service Organizations" as a volunteer fire department, rescue squad, or emergency medical services provider operated by its members and exempt from state taxes. Makes conforming changes. Deletes reference to a volunteer fire department. SECTION 2. Deletes "volunteer fire department" and replaces with "emergency service organization". SECTION 3. Effective date: September 1, 1997. Applies prospectively; savings clause. SECTION 4. Emergency Clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 replaces the reference to Sec. 171.082 of the Tax Code and references Sec. 172.083 of the tax code to clarify that an emergency service organization is one that is exempt from state taxes under the provisions for an emergency medical service corporation in the Tax Code.