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79R3313 AJA-D
By: Moreno of Harris H.B. No. 507
A BILL TO BE ENTITLED
AN ACT
relating to civil liability of certain volunteer health care
providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.004, Civil Practice and Remedies
Code, is amended by adding Subsection (g) to read as follows:
(g) Except as provided by this subsection, if Subsection (c)
is to any extent invalidated by a method other than through
legislative means, this subsection becomes effective. This
subsection does not become effective if only the requirement
imposed by Subsection (c)(3) is invalidated. A volunteer health
care provider who is serving as a direct service volunteer of a
charitable organization is not liable for damages and losses,
however characterized, other than economic damages, as defined by
Section 66, Article III, Texas Constitution, with respect to
treatment, lack of treatment, or other claimed departure from an
accepted standard of medical or health care or safety, however
characterized, that is or is claimed to be a cause of, or that
contributes or is claimed to contribute to, disease, injury, or
death of a person if:
(1) the treatment, lack of treatment, or other claimed
departure from an accepted standard of medical or health care or
safety occurred in the course of the volunteer's provision of
health care services to the person; and
(2) the services provided are within the scope of the
license of the volunteer.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.