By Craddick                                            H.B. No. 657

         75R1242 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the privilege against disclosure of certain

 1-3     communications by emergency stress management volunteers.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 22, Civil Practice and

 1-6     Remedies Code, is amended by adding Section 22.012 to read as

 1-7     follows:

 1-8           Sec. 22.012.  EMERGENCY STRESS MANAGEMENT VOLUNTEERS.  (a)  A

 1-9     confidential communication between an individual and a person

1-10     treated by the individual is privileged and may not be disclosed in

1-11     the same manner as a confidential communication between a physician

1-12     and a patient may not be disclosed if:

1-13                 (1)  the communication is made during the provision of

1-14     emergency services that are intended to alleviate trauma or

1-15     critical stress to the person treated:

1-16                       (A)  arising from the handling of an emergency

1-17     situation by the person in which the person's life is at risk;

1-18                       (B)  who, as a member of the public, has

1-19     experienced a sudden, unexpected, or inexplicable event; or

1-20                       (C)  arising from association as a family member

1-21     or other close relationship to a person described under Subdivision

1-22     (A) or (B); and

1-23                 (2)  the individual provides the treatment on a

1-24     voluntary basis under the supervision of a nonprofit entity.

 2-1           (b)  Notwithstanding Section 22.004, Government Code, the

 2-2     supreme court may not amend or adopt rules in conflict with this

 2-3     section.

 2-4           SECTION 2.  This Act applies to the privilege against the

 2-5     disclosure of a communication on or after the effective date of

 2-6     this Act without regard to whether:

 2-7                 (1)  the communication took place before, on, or after

 2-8     that date; or

 2-9                 (2)  the proceeding in which the communication is

2-10     sought to be disclosed commenced before, on, or after that date.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended,

2-16     and that this Act take effect and be in force from and after its

2-17     passage, and it is so enacted.