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.