78R2964 DAK-D

By:  Delisi                                                       H.B. No. 386



A BILL TO BE ENTITLED

AN ACT

relating to liability for emergency care.                                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 74.001, Civil Practice and Remedies 
Code, is amended by amending Subsection (a) and adding Subsection 
(f) to read as follows:
	(a)  A person who in good faith administers emergency care, 
including using an automated external defibrillator, [at the scene 
of an emergency but not in a hospital or other health care facility 
or means of medical transport] is not liable in civil damages for an 
act performed during the emergency unless the act is wilfully or 
wantonly negligent.
	(f)  Without regard to whether a person who administers 
emergency care as provided by Subsection (a) is entitled to 
remuneration for providing that care, Subsection (b)(1) does not 
apply if:
		(1)  the person states that the person did not receive 
or expect to receive remuneration for administering the care; and
		(2)  the statement is uncontradicted.                                  
	SECTION 2.  The following provisions of the Civil Practice 
and Remedies Code are repealed:
		(1)  Sections 74.001(c) and (d); and                                          
		(2)  Section 74.002.                                                          
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  An action that accrued before the effective date of this Act 
is governed by the law applicable to the action immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.