78R765 DAK-D

By:  Isett                                                        H.B. No. 956


A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain charitable organizations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 84.004, Civil Practice and Remedies Code, is amended to read as follows: Sec. 84.004. VOLUNTEER LIABILITY. (a) Except as provided by Subsection (c) [(d)] and Section 84.007, a volunteer of an organization[who is serving as an officer, director, or trustee of a charitable organization] is immune from civil liability for any act or omission resulting in death, damage, or injury if the volunteer was acting in the course and scope of the volunteer's [his] duties or functions [as an officer, director, or trustee] within the organization. (b) [Except as provided by Subsection (c) or (d) and Section 84.007, a volunteer who is serving as a direct service volunteer of a charitable organization is immune from civil liability for any act or omission resulting in death, damage, or injury if the volunteer was acting in good faith and in the course and scope of his duties or functions within the organization. [(c)] Except as provided by Subsection (c) [(d)] and Section 84.007, a volunteer health care provider who is serving as a direct service volunteer of a charitable organization is immune from civil liability for any act or omission resulting in death, damage, or injury to a patient if: (1) [the volunteer was acting in good faith and in the course and scope of the volunteer's duties or functions within the organization; [(2)] the volunteer commits the act or omission in the course of providing health care services to the patient; and (2) [(3)] the services provided are within the scope of the license of the volunteer[; and [(4) before the volunteer provides health care services, the patient or, if the patient is a minor or is otherwise legally incompetent, the patient's parent, managing conservator, legal guardian, or other person with legal responsibility for the care of the patient signs a written statement that acknowledges: [(A) that the volunteer is providing care that is not administered for or in expectation of compensation; and [(B) the limitations on the recovery of damages from the volunteer in exchange for receiving the health care services]. (c) [(d)] A volunteer of a charitable organization is liable to a person for death, damage, or injury to the person or the person's [his] property proximately caused by any act or omission arising from the operation or use of any motor vehicle [motor-driven equipment], including an airplane, to the extent [insurance coverage is required by Chapter 601, Transportation Code, and to the extent] of any existing insurance coverage applicable to the act or omission. (d) [(e)] The provisions of this section apply only to the liability of volunteers and do not apply to the liability of the organization for acts or omissions of volunteers. SECTION 2. Section 84.007(a), Civil Practice and Remedies Code, is amended to read as follows: (a) This chapter does not apply to an act or omission that is intentional, wilfully [or wantonly] negligent, or done with conscious indifference or reckless disregard for the safety of others. SECTION 3. The following provisions of the Civil Practice and Remedies Code are repealed: (1) Section 84.003(4); and (2) Section 84.007(c). SECTION 4. 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.