By Telford                                            H.B. No. 1756

         75R6175 DLF-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the liability of Texas Youth Commission volunteers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.   Subchapter G, Chapter 61, Human Resources Code,

 1-5     is amended by adding Section 61.096 to read as follows:

 1-6           Sec. 61.096.  LIABILITY OF VOLUNTEERS.  (a)  Except as

 1-7     provided by Subsection (b), a volunteer is not liable for damages

 1-8     arising from an act or omission that results in personal injury,

 1-9     death, or property damage if the act or omission is:

1-10                 (1)  in the course and scope of the volunteer's duties

1-11     as a volunteer; and

1-12                 (2)  not intentional or grossly negligent.

1-13           (b)  A volunteer is liable for personal injury, death, or

1-14     property damage proximately caused by an act or omission related to

1-15     the operation or use of any motor-driven equipment to the extent of

1-16     the greater of:

1-17                 (1)  the amount of financial responsibility required

1-18     for the motor-driven equipment, if any, under Chapter 601,

1-19     Transportation Code; or

1-20                 (2)  the amount of any liability insurance coverage

1-21     that applies to the act or omission.

1-22           (c)  In this section, "volunteer" means an individual

1-23     rendering services for or on behalf of the commission who does not

1-24     receive compensation in excess of reimbursement for expenses

 2-1     incurred.

 2-2           SECTION 2.  This Act applies only to a cause of action that

 2-3     accrues on or after the effective date of this Act.  A cause of

 2-4     action that accrues before the effective date of this Act is

 2-5     governed by the law applicable to the cause of action immediately

 2-6     before the effective date of this Act, and that law is continued in

 2-7     effect for this purpose.

 2-8           SECTION 3.  This Act takes effect September 1, 1997.

 2-9           SECTION 4.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.