1-1     By:  Telford (Senate Sponsor - Harris)                H.B. No. 1756

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the liability of Texas Youth Commission volunteers.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.   Subchapter G, Chapter 61, Human Resources Code,

1-11     is amended by adding Section 61.096 to read as follows:

1-12           Sec. 61.096.  LIABILITY OF VOLUNTEERS.  (a)  Except as

1-13     provided by Subsection (b), a volunteer is not liable for damages

1-14     arising from an act or omission that results in personal injury,

1-15     death, or property damage if the act or omission is:

1-16                 (1)  in the course and scope of the volunteer's duties

1-17     as a volunteer; and

1-18                 (2)  not intentional or grossly negligent.

1-19           (b)  A volunteer is liable for personal injury, death, or

1-20     property damage proximately caused by an act or omission related to

1-21     the operation or use of any motor-driven equipment to the extent of

1-22     the greater of:

1-23                 (1)  the amount of financial responsibility required

1-24     for the motor-driven equipment, if any, under Chapter 601,

1-25     Transportation Code; or

1-26                 (2)  the amount of any liability insurance coverage

1-27     that applies to the act or omission.

1-28           (c)  In this section, "volunteer" means an individual

1-29     rendering services for or on behalf of the commission who does not

1-30     receive compensation in excess of reimbursement for expenses

1-31     incurred.

1-32           SECTION 2.  This Act applies only to a cause of action that

1-33     accrues on or after the effective date of this Act.  A cause of

1-34     action that accrues before the effective date of this Act is

1-35     governed by the law applicable to the cause of action immediately

1-36     before the effective date of this Act, and that law is continued in

1-37     effect for this purpose.

1-38           SECTION 3.  This Act takes effect September 1, 1997.

1-39           SECTION 4.  The importance of this legislation and the

1-40     crowded condition of the calendars in both houses create an

1-41     emergency and an imperative public necessity that the

1-42     constitutional rule requiring bills to be read on three several

1-43     days in each house be suspended, and this rule is hereby suspended.

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