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78R8086 DAK-D
By: Lindsay S.B. No. 1203
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. 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.