SRC-AMY H.B. 3439 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 3439
By: Rose (Carona)
State Affairs
5-20-2003
Engrossed

DIGEST AND PURPOSE 

Under current Texas law, health care practitioners who conduct free sports
physicals for students are not exempted from liability for incidents
arising from the provision of that service.  H.B. 3439 makes health care
practitioners who conduct physicals for school-sponsored extracurricular
and sporting activities without compensation exempt from civil liability
for any act or omission resulting in injury to the student patient.  H.B.
3439 makes such liability contingent on a number of requirements, does not
limit the liability of school districts or insurers under certain
circumstances, does not affect a school district's liability limits or
immunities, and does not apply to a governmental unit or its employees. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 91, as follows: 

CHAPTER 91.  LIABILITY OF VOLUNTEER HEALTH CARE PRACTITIONERS

Sec.  91.001.  DEFINITION.  Defines "health care practitioner" and
"school." 

Sec.  91.002.  HEALTH CARE PRACTITIONER LIABILITY.  Exempts a health care
practitioner who conducts a physical examination or medical screening of a
patient for certain purposes without compensation or expectation of
compensation from civil liability for any act or omission resulting in the
death of or injury to the patient if certain conditions are met. 

Sec.  91.003.  INSURANCE REQUIRED.  (a)  Provides that Section 91.002
applies only to a health care practitioner who has liability insurance
coverage in effect to cover any act or omission to which this chapter
applies.  Sets forth the minimum requirements for liability coverage for
purposes of this section. 

(b)  Authorizes the coverage to be provided under a contract of insurance
or other plan of insurance and to be satisfied by the purchase of a
certain policy. 

Sec.  91.004.  APPLICABILITY.  (a)  Provides that this chapter does not
apply to certain acts and omissions. 

(b)  Provides that this chapter does not limit the liability of a school
district to its students, teachers, or staff, or affect a school
district's liability limits or immunities under Chapter 101 (Tort Claims). 

(c)  Provides that this chapter does not apply to a governmental unit or
employee of a governmental unit as defined by Section 101.001
(Definitions). 

(d)  Provides that this chapter does not limit the liability of an insurer
or insurance  plan in an action under Chapter 21 (General Provisions),
Insurance Code, or in an action for bad faith conduct, breach of fiduciary
duty, or negligent failure to settle a claim. 

SECTION 2.  Effective date:  September 1, 2003.
Makes application of this Act prospective.