BILL ANALYSIS
By: Parker
Committee Report (Substituted)
BACKGROUND AND PURPOSE
In many rural parts of Texas, volunteer emergency services personnel are the first responders to medical emergency situations.
Given the important role they play in rural healthcare, C.S.H.B. 2117 simply clarifies in statute that public safety volunteers are protected from any liability incurred while assisting in a medical emergency situation.
RULEMAKING AUTHORITY
It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1: Amends Section 74.151(a) of the Civil Practice and Remedies Code by striking language is subsection (a) and adding language clarifying that a person who in good faith administers emergency care is not liable for civil damages for assisting during an emergency unless the act was willful or wantonly negligent, including a person who administers emergency care using an automated external defibrillator or administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
SECTION 2: States this Act's purpose is to clarify law rather than change it.
SECTION 3: Effective date
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The committee substitute to House Bill 2117 clearly defines the role to be protected from liability by applying the definition given under Section 421.095 of the Government Code to a volunteer who is a first responder. The original bill did define "first responder."