79R5793 MFC-D

By:  Bonnen                                                       H.B. No. 1160



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 FOR PROPERTY DAMAGE.  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.  LIABILITY LIMITATIONS OF OTHER LAW NOT 
AFFECTED.  To the extent that Chapter 74, Chapter 84, or any other 
law limits the liability of an emergency medical services volunteer 
or an emergency medical services volunteer provider in a manner 
that provides more protection than this subchapter, that law 
prevails.
	Sec. 78.154.  LIABILITY OF EMERGENCY MEDICAL SERVICES 
VOLUNTEER.  (a)  An emergency medical services volunteer providing 
emergency medical services is liable for personal injury or death 
arising from those services only to the extent that an employee 
providing the same or similar services for a county would be liable.
	(b)  Section 101.106 applies to a claimant in a suit against 
an emergency medical services volunteer as if the emergency medical 
services volunteer were an employee of a governmental unit and the 
emergency medical services volunteer provider were a governmental 
unit.
	SECTION 3.  Section 84.003(5), Civil Practice and Remedies 
Code, is amended to read as follows:
		(5)  "Volunteer health care provider" means an 
individual who voluntarily provides health care services without 
compensation or expectation of compensation and who is:
			(A)  an individual who is licensed to practice 
medicine under Subtitle B, Title 3, Occupations Code;
			(B)  a retired physician who is eligible to 
provide health care services, including a retired physician who is 
licensed but exempt from paying the required annual registration 
fee under Section 156.002, Occupations Code;
			(C)  a physician assistant licensed under Chapter 
204, Occupations Code, or a retired physician assistant who is 
eligible to provide health care services under the law of this 
state;
			(D)  a registered nurse, including an advanced 
nurse practitioner, or vocational nurse, licensed under Chapter 
301, Occupations Code, or a retired vocational nurse or registered 
nurse, including a retired advanced nurse practitioner, who is 
eligible to provide health care services under the law of this 
state;
			(E)  a pharmacist licensed under Subtitle J, Title 
3, Occupations Code, or a retired pharmacist who is eligible to 
provide health care services under the law of this state;
			(F)  a podiatrist licensed under Chapter 202, 
Occupations Code, or a retired podiatrist who is eligible to 
provide health care services under the law of this state;
			(G)  a dentist licensed under Subtitle D, Title 3, 
Occupations Code, or a retired dentist who is eligible to provide 
health care services under the law of this state;
			(H)  a dental hygienist licensed under Subtitle D, 
Title 3, Occupations Code, or a retired dental hygienist who is 
eligible to provide health care services under the law of this 
state; [or]
			(I)  an emergency medical services volunteer 
under Section 773.003, Health and Safety Code; or
			(J)  an optometrist or therapeutic optometrist 
licensed under Chapter 351, Occupations Code, or a retired 
optometrist or therapeutic optometrist who is eligible to provide 
health care services under the law of this state.
	SECTION 4.  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 5.  This Act takes effect September 1, 2005.