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By: Parker, et al. (Senate Sponsor - Harris) |
H.B. No. 2117 |
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(In the Senate - Received from the House May 7, 2007; |
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May 8, 2007, read first time and referred to Committee on State |
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Affairs; May 18, 2007, reported favorably by the following vote: |
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Yeas 7, Nays 0; May 18, 2007, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of certain persons who administer |
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emergency care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.151(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person who in good faith administers emergency care[,
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including using an automated external defibrillator,] is not liable |
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in civil damages for an act performed during the emergency unless |
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the act is wilfully or wantonly negligent, including a person who: |
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(1) administers emergency care using an automated |
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external defibrillator; or |
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(2) administers emergency care as a volunteer who is a |
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first responder as the term is defined under Section 421.095, |
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Government Code. |
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SECTION 2. The purpose of this Act is to clarify rather than |
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change existing law. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |