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.