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A BILL TO BE ENTITLED
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AN ACT
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relating to limitation of liability for certain emergency care |
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provided during a declared disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 74, Civil Practice and |
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Remedies Code, is amended by adding Section 74.1511 to read as |
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follows: |
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Sec. 74.1511. EMERGENCY CARE DURING DECLARED DISASTER. (a) |
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Except as provided by Subsection (c), a physician or health care |
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provider who in good faith administers emergency care in the course |
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and scope of the physician's or provider's employment at the scene |
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of an emergency or at a health care institution is not liable in |
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civil damages for an act or omission performed during the emergency |
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if the act was also performed during the management of an incident |
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that has resulted in a declaration of disaster by a federal, state, |
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or local official as authorized by a federal or state statute. |
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(b) This section applies regardless of whether the care is |
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administered for or in expectation of remuneration. |
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(c) This section does not apply to an act or omission that is |
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intentional, wilfully negligent, or done with conscious |
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indifference or reckless disregard for the safety of others. |
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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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date, and that law is continued in effect for that purpose. |
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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, 2009. |