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.