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.