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.