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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of ambulance service providers for certain |
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occurrences. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 97, Civil Practice and Remedies Code, is |
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amended by adding Section 97.003 to read as follows: |
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Sec. 97.003. AMBULANCE SERVICE PROVIDER. (a) Except as |
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provided by this section, the liability of an ambulance service |
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provider for damages arising out of a motor vehicle accident |
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involving the provider's ambulance that occurs while the ambulance |
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is being used to provide ambulance services is limited to money |
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damages in a maximum amount for each single occurrence of the |
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greater of: |
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(1) the total amount of economic damages arising out |
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of the occurrence; or |
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(2) $250,000. |
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(b) This section does not limit liability for an act or |
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omission that is intentional or grossly negligent. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act is an exercise of authority under |
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Section 66(c), Article III, Texas Constitution, and takes effect |
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only if it receives a vote of three-fifths of all the members |
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elected to each house, as provided by Subsection (e) of that |
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section. |
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SECTION 4. 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, 2009. |