By Dukes H.B. No. 991
76R2804 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limiting the liability of certain professionals for
1-3 damages arising from providing pro bono services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 84, Civil Practice and Remedies Code, is
1-6 amended by adding Section 84.0045 to read as follows:
1-7 Sec. 84.0045. LIABILITY OF CERTAIN PROFESSIONALS. (a) This
1-8 section applies only to an individual:
1-9 (1) licensed to practice medicine in this state; or
1-10 (2) licensed to practice law in this state.
1-11 (b) This section applies to services provided by an
1-12 individual without regard to whether the services are provided on
1-13 behalf of a charitable organization.
1-14 (c) Subject to Section 84.007, an individual is immune from
1-15 civil liability for any act or omission resulting in death, damage,
1-16 or injury if:
1-17 (1) the act or omission occurs in the course of the
1-18 individual providing services within the scope of the individual's
1-19 license;
1-20 (2) the services are rendered without expectation of
1-21 remuneration other than reimbursement for expenses incurred; and
1-22 (3) no remuneration other than reimbursement for
1-23 expenses incurred is received by the individual for providing the
1-24 services.
2-1 (d) The immunity provided by this section is in addition to
2-2 any other immunity provided by this chapter.
2-3 SECTION 2. This Act takes effect September 1, 1999, and
2-4 applies only to a cause of action that accrues on or after that
2-5 date. An action that accrued before the effective date of this
2-6 Act is governed by the law applicable to the action immediately
2-7 before the effective date of this Act, and that law is continued in
2-8 effect for that purpose.
2-9 SECTION 3. 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.