79R4207 DLF-D
By: Goolsby H.B. No. 655
A BILL TO BE ENTITLED
AN ACT
relating to liability insurance for volunteer health care
providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 21.49-3, Insurance Code, is amended by
adding Section 3C to read as follows:
Sec. 3C. COVERAGE FOR VOLUNTEER HEALTH CARE PROVIDERS. (a)
In this section:
(1) "Charitable organization" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(2) "Volunteer health care provider" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(b) The association shall make available medical liability
insurance or appropriate health care liability insurance covering a
volunteer health care provider for the legal liability of the
person against any loss, damage, or expense incident to a claim
arising out of the death or injury of any person as the result of
negligence in rendering or the failure to render professional
service while acting in the course and scope of the person's duties
as a volunteer health care provider as described by Chapter 84,
Civil Practice and Remedies Code.
(c) A volunteer health care provider who is serving as a
direct service volunteer of a charitable organization is eligible
to obtain from the association the liability insurance made
available under this section. A volunteer health care provider who
obtains coverage under this section is subject to Section 4A of this
article and the other provisions of this article in the same manner
as physicians who are eligible to obtain medical liability
insurance from the association.
(d) This section does not affect the liability of a
volunteer health care provider who is serving as a direct service
volunteer of a charitable organization. Section 84.004(c), Civil
Practice and Remedies Code, applies to the volunteer health care
provider without regard to whether the volunteer health care
provider obtains liability insurance under this section.
SECTION 2. The joint underwriting association established
under Article 21.49-3, Insurance Code, is not required to make
liability insurance available in accordance with Section 3C,
Article 21.49-3, Insurance Code, as added by this Act, before the
181st day after the effective date of this Act.
SECTION 3. 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.