78R6119 DAK-D

By:  Haggerty                                                     H.B. No. 1551



A BILL TO BE ENTITLED

AN ACT

relating to the civil liability of certain emergency medical 
services personnel and providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 101.001, Civil Practice and Remedies 
Code, is amended by amending Subdivision (3) and adding Subdivision 
(7) to read as follows:
		(3)  "Governmental unit" means:                                               
			(A)  this state and all the several agencies of 
government that collectively constitute the government of this 
state, including other agencies bearing different designations, 
and all departments, bureaus, boards, commissions, offices, 
agencies, councils, and courts;
			(B)  a political subdivision of this state, 
including any city, county, school district, junior college 
district, levee improvement district, drainage district, 
irrigation district, water improvement district, water control and 
improvement district, water control and preservation district, 
freshwater supply district, navigation district, conservation and 
reclamation district, soil conservation district, communication 
district, public health district, and river authority;
			(C)  an emergency service organization and an 
emergency services provider; and
			(D)  any other institution, agency, or organ of 
government the status and authority of which are derived from the 
Constitution of Texas or from laws passed by the legislature under 
the constitution.
		(7)  "Emergency services provider" means a provider 
licensed under Chapter 773, Health and Safety Code, to the extent 
that the provider is providing 9-1-1 emergency medical services on 
behalf of a public agency, as that term is defined by Section 
771.001, Health and Safety Code.
	SECTION 2.  Section 101.023(d), Civil Practice and Remedies 
Code, is amended to read as follows:
	(d)  Except as provided by Section 773.009, Health and Safety 
Code, and Section 78.001, liability of an emergency service 
organization or emergency services provider under this chapter is 
limited to money damages in a maximum amount of $100,000 for each 
person and $300,000 for each single occurrence for bodily injury or 
death and $100,000 for each single occurrence for injury to or 
destruction of property.
	SECTION 3.  Section 101.062, Civil Practice and Remedies 
Code, is amended by adding Subsection (c) to read as follows:
	(c)  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.  Section 1.03(3), Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes), is amended to read as follows:
		(3)  "Health care provider" means any person, 
partnership, professional association, corporation, facility, or 
institution duly licensed, certified, or chartered by the State of 
Texas to provide health care as a registered nurse, hospital, 
dentist, podiatrist, pharmacist, emergency medical services 
personnel, emergency medical services provider, or nursing home, or 
an officer, employee, or agent thereof acting in the course and 
scope of his employment.
	SECTION 5.  Subchapter K, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes), is amended by adding Section 11.06 to read as follows:
	Sec. 11.06.  LIMITATION INDEPENDENT AND ADDITIONAL.  A 
limitation on liability established by this subchapter is 
independent of and in addition to any limitation on liability that 
may apply under Chapter 101, Civil Practice and Remedies Code, or 
any other law.  If more than one ground to limit liability exists, 
the defendant is entitled to assert the limit that provides the 
defendant the greatest protection from liability.
	SECTION 6.  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.