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.