79R1246 MFC-D

By:  Bonnen                                                       H.B. No. 644



A BILL TO BE ENTITLED

AN ACT

relating to limiting the liability of emergency medical services 
volunteers and emergency medical services volunteer providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Chapter 78, Civil Practice and 
Remedies Code, is amended to read as follows:
	CHAPTER 78. CERTAIN FIRE FIGHTERS, [AND] FIRE-FIGHTING ENTITIES, 
AND EMERGENCY MEDICAL SERVICES PERSONNEL AND PROVIDERS
	SECTION 2.  Chapter 78, Civil Practice and Remedies Code, is 
amended by adding Subchapter D to read as follows:
	SUBCHAPTER D.  VOLUNTEER EMERGENCY MEDICAL SERVICES
	Sec. 78.151.  DEFINITIONS.  In this subchapter:                         
		(1)  "Emergency medical services" has the meaning 
assigned by Section 773.003, Health and Safety Code.
		(2)  "Emergency medical services volunteer" has the 
meaning assigned by Section 773.003, Health and Safety Code.
		(3)  "Emergency medical services volunteer provider" 
has the meaning assigned by Section 773.003, Health and Safety 
Code.
	Sec. 78.152.  LIABILITY.  An emergency medical services 
volunteer or an emergency medical services volunteer provider is 
not liable for damage to property resulting from the volunteer's or 
the provider's reasonable and necessary action in providing 
emergency medical services in relation to the property.
	Sec. 78.153.  APPLICABILITY OF SUBCHAPTER:  EMERGENCY 
MEDICAL SERVICES.  This subchapter applies only to damages for 
personal injury, death, or property damage, other than property 
damage to which Section 78.152 applies, arising from an error or 
omission of:
		(1)  an emergency medical services volunteer provider 
while involved in or providing emergency medical services; or
		(2)  an emergency medical services volunteer while 
involved in or providing emergency medical services as a member of 
an emergency medical services volunteer provider.
	Sec. 78.154.  LIABILITY OF EMERGENCY MEDICAL SERVICES 
VOLUNTEER PROVIDER.  An emergency medical services volunteer 
provider is:
		(1)  liable for damages described by Section 78.153 
only to the extent that a county providing the same or similar 
services would be liable under Chapter 101; and
		(2)  entitled to the exclusions, exceptions, and 
defenses applicable to a county under Chapter 101 and other 
statutory or common law.
	Sec. 78.155.  LIABILITY OF EMERGENCY MEDICAL SERVICES 
VOLUNTEER.  An emergency medical services volunteer is:
		(1)  liable for damages described by Section 78.153 
only to the extent that an employee providing the same or similar 
services for a county would be liable; and
		(2)  entitled to the exclusions, exceptions, 
immunities, and defenses applicable to an employee of a county 
under Chapter 101 and other statutory or common law.
	SECTION 3.  Subchapter D, Chapter 78, Civil Practice and 
Remedies Code, as added by this Act, applies only to a cause of 
action that accrues on or after the effective date of this Act.  An 
action that accrues 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.
	SECTION 4.  This Act takes effect September 1, 2005.