SRC-JEC S.B. 1203 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1203
78R8086 DAK-DBy: Lindsay
State Affairs
4/8/2003
As Filed


DIGEST AND PURPOSE 

Current law waives sovereign immunity for governmental units of the state
and establishes liability caps for local governmental entities and
municipalities in civil suits, including suits related to emergency
medical service (EMS) provision.  Many local governmental entities
contract with a third party for EMS services.  Those providers do not have
any civil liability protection even when they are providing the services
on behalf of a public entity that receives liability protection. As
proposed, S.B. 1203 provides civil liability protection for an EMS
provider contracting with a county or municipality for EMS services.  

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 Section 101.001, Civil Practice and Remedies Code, by
amending Subdivision (3) and adding Subdivision (7), as follows: 

 (3)  Redefines "governmental unit" to include an emergency services
provider. 

 (7)  Defines "emergency services provider."

SECTION 2.  Amends Section 101.023(d), Civil Practice and Remedies Code,
to limit, except as provided by Section 773.009 (Limitation on Civil
Liability), Health and Safety Code, and Section 78.001 (Liability), the
liability of an emergency services provider under this chapter to certain
amounts. 

SECTION 3.  Amends Section 101.062, Civil Practice and Remedies Code, by
adding Subsection (c) to provide that an emergency services provider is
immune from civil liability to the same extent that the public agency on
behalf of which the emergency services provider acts would be immune under
this section. 

SECTION  4.  Effective date:  September 1, 2003.
  Makes application of this Act prospective.