By Hawley H.B. No. 233
77R481 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of volunteers at certain free health
1-3 clinics.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 84.003(1), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (1) "Charitable organization" means:
1-8 (A) any organization exempt from federal income
1-9 tax under Section 501(a) of the Internal Revenue Code of 1986 by
1-10 being listed as an exempt organization in Section 501(c)(3) or
1-11 501(c)(4) of the code, if it is a nonprofit corporation,
1-12 foundation, community chest, or fund organized and operated
1-13 exclusively for charitable, religious, prevention of cruelty to
1-14 children or animals, youth sports and youth recreational,
1-15 neighborhood crime prevention or patrol, or educational purposes,
1-16 excluding private primary or secondary schools, alumni associations
1-17 and related on-campus organizations, or is organized and operated
1-18 exclusively for the promotion of social welfare by being primarily
1-19 engaged in promoting the common good and general welfare of the
1-20 people in a community;
1-21 (B) any bona fide charitable, religious,
1-22 prevention of cruelty to children or animals, youth sports and
1-23 youth recreational, neighborhood crime prevention or patrol, or
1-24 educational organization, excluding alumni associations and related
2-1 on-campus organizations, or other organization organized and
2-2 operated exclusively for the promotion of social welfare by being
2-3 primarily engaged in promoting the common good and general welfare
2-4 of the people in a community, and that:
2-5 (i) is organized and operated exclusively
2-6 for one or more of the above purposes;
2-7 (ii) does not engage in activities which
2-8 in themselves are not in furtherance of the purpose or purposes;
2-9 (iii) does not directly or indirectly
2-10 participate or intervene in any political campaign on behalf of or
2-11 in opposition to any candidate for public office;
2-12 (iv) dedicates its assets to achieving the
2-13 stated purpose or purposes of the organization;
2-14 (v) does not allow any part of its net
2-15 assets on dissolution of the organization to inure to the benefit
2-16 of any group, shareholder, or individual; and
2-17 (vi) normally receives more than one-third
2-18 of its support in any year from private or public gifts, grants,
2-19 contributions, or membership fees; [or]
2-20 (C) a homeowners association as defined by
2-21 Section 528(c) of the Internal Revenue Code of 1986; or
2-22 (D) a health clinic that provides services to
2-23 its patients without collecting a fee for those services other than
2-24 that provided by any insurance coverage that its patients may
2-25 carry, without regard to whether the clinic is:
2-26 (i) operated by a public or private
2-27 entity; or
3-1 (ii) funded partially or wholly by public
3-2 money.
3-3 SECTION 2. Section 84.007(f), Civil Practice and Remedies
3-4 Code, is amended to read as follows:
3-5 (f) This chapter does not apply to limit the liability of a
3-6 governmental unit or employee of a governmental unit as defined by
3-7 Section 101.001 but may apply to limit the liability of a volunteer
3-8 for the governmental unit [in the Texas Tort Claims Act (Subchapter
3-9 A, Chapter 101, Civil Practice and Remedies Code)].
3-10 SECTION 3. This Act takes effect September 1, 2001, and
3-11 applies only to a cause of action that accrues on or after that
3-12 date. An action that accrued before the effective date of this Act
3-13 is governed by the law applicable to the action immediately before
3-14 the effective date of this Act, and that law is continued in effect
3-15 for that purpose.