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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.