78R2787 DAK-D

By:  Lindsay                                                      S.B. No. 295



A BILL TO BE ENTITLED

AN ACT

relating to limiting liability of emergency medical services 
personnel in certain situations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 773, Health and Safety 
Code, is amended by adding Section 773.006 to read as follows:
	Sec. 773.006.  LIMITATION ON LIABILITY.  The liability of an 
individual who is emergency medical services personnel is limited 
to $250,000 for each single occurrence for bodily injury or death to 
a patient arising from a determination by the individual of the 
appropriate trauma facility to which to transport the patient if 
the individual follows the protocol for the determination adopted 
by the board for the emergency medical services and trauma care 
system.
	SECTION 2.  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.