HBA-CMT, CBW H.B. 233 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 233
By: Hawley
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, all "volunteer health care providers" as defined by the
Charitable Immunity and Liability Act of 1987 do not have immunity from
liability for volunteer work performed in public or private health clinics.
Without immunity granted under state law, many health care providers with
years of experience and talent will not volunteer their skills and
expertise.  House Bill 233 adds public and private health clinics to the
definition of "charitable organizations," and authorizes immunity from
liability for volunteers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 233 amends the Civil Practice and Remedies Code to expand the
definition of  "charitable organization" to include a health clinic that
provides services to its patients without collecting a fee  other than that
provided by any insurance coverage held by its patients, without regard to
whether the clinic is operated by a  public or private entity or funded
partially or wholly by public money. The bill provides that the chapter on
charitable immunity and liability may apply to limit the liability of a
volunteer for a governmental unit. 

EFFECTIVE DATE

September 1, 2001.