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. 1-44 * * * * *