SRC-JXG S.B. 215 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 215
76R1733 DAK-DBy: Duncan
Technology & Business Growth
3/16/1999
As Filed


DIGEST 

Currently, the existing volunteer immunity law does not protect all
volunteer health care providers. A volunteer serving as an officer,
director, or trustee of a charitable organization is immune from civil
liability for any act or omission resulting in death, damage, or injury, if
the volunteer was acting in the scope of their duties. However, a volunteer
health care provider who provides health care services without compensation
is liable. S.B. 215 would clarify the volunteer immunity law to include
certain volunteer health care providers who provide health care services
without compensation.  

PURPOSE

As proposed, S.B. 215 defines health care provider, and limits the
liability of certain volunteer health care providers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 84.003, Civil Practice and Remedies Code, by
amending Subdivision (2) and adding Subdivision (5), to redefine
"volunteer" and to define "volunteer health care provider." 

SECTION 2. Amends Section 84.004, Civil Practice and Remedies Code, to
provide that a volunteer health care provider serving as a direct service
volunteer of a charitable organization is immune from civil liability for
any act or omission resulting in death, damage, or injury to a patient
under certain circumstances. Makes conforming and nonsubstantive changes. 

SECTION 3. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 4. Emergency clause.