By Craddick H.B. No. 2035 77R6065 DAK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the privilege against disclosure of certain 1-3 communications by critical incident stress management team members. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 22, Civil Practice and 1-6 Remedies Code, is amended by adding Section 22.012 to read as 1-7 follows: 1-8 Sec. 22.012. CRITICAL INCIDENT STRESS MANAGEMENT TEAM 1-9 MEMBERS. (a) In this section: 1-10 (1) "Critical incident stress management team member" 1-11 means an individual who has received training in critical incident 1-12 stress management that is recognized by the International Critical 1-13 Incident Stress Foundation and who is a member of a critical 1-14 incident stress management team. 1-15 (2) "Confidential communication" means a communication 1-16 that is not intended to be disclosed to a third person. 1-17 (b) Except as provided by Subsection (c), a confidential 1-18 communication between an individual and a critical incident stress 1-19 management team member is confidential and may not be disclosed if: 1-20 (1) the communication is made during the provision of 1-21 crisis intervention services that are intended to alleviate 1-22 traumatic or critical stress to the distressed individual: 1-23 (A) arising from the exposure to an emergency 1-24 situation or crisis by the individual; 2-1 (B) who, as a member of the public, has 2-2 experienced a sudden, unexpected event or crisis; or 2-3 (C) arising from association as a family member 2-4 or other close relationship to an individual described under 2-5 Paragraph (A) or (B); and 2-6 (2) the team member provides the support: 2-7 (A) on a pro bono basis under the supervision of 2-8 a nonprofit entity or a governmental entity; 2-9 (B) as a member of a critical incident stress 2-10 management team; and 2-11 (C) under the oversight of a certified mental 2-12 health professional. 2-13 (c) Subsection (b) does not apply to a communication between 2-14 an individual and a critical incident stress management team member 2-15 if the individual poses an immediate threat to the individual's own 2-16 life or the life of another. 2-17 SECTION 2. This Act applies to the privilege against the 2-18 disclosure of a communication on or after the effective date of 2-19 this Act without regard to whether: 2-20 (1) the communication took place before, on, or after 2-21 that date; or 2-22 (2) the proceeding in which the communication is 2-23 sought to be disclosed commenced before, on, or after that date.