82R19323 DAK-F
 
  By: Hamilton H.B. No. 2040
 
  Substitute the following for H.B. No. 2040:
 
  By:  Beck C.S.H.B. No. 2040
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to critical incident stress management and crisis response
  services.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 9, Health and Safety Code, is
  amended by adding Chapter 784 to read as follows:
  CHAPTER 784. CRITICAL INCIDENT STRESS MANAGEMENT AND CRISIS
  RESPONSE SERVICES
         Sec. 784.001.  DEFINITIONS.  In this chapter:
               (1)  "Crisis response service" means consultation,
  risk assessment, referral, and on-site crisis intervention
  services provided by an emergency response team member to an
  emergency service provider affected by a crisis or disaster.
               (2)  "Critical incident stress" means the acute or
  cumulative psychological stress or trauma that an emergency service
  provider may experience in providing emergency services in response
  to a critical incident, including a crisis, disaster, or emergency.
  The stress or trauma is an unusually strong emotional, cognitive,
  or physical reaction that has the potential to interfere with
  normal functioning, including:
                     (A)  physical and emotional illness;
                     (B)  failure of usual coping mechanisms;
                     (C)  loss of interest in the job;
                     (D)  personality changes; and
                     (E)  loss of ability to function.
               (3)  "Critical incident stress management service"
  means a service providing a process of crisis intervention designed
  to assist an emergency service provider in coping with critical
  incident stress. The term includes consultation, counseling,
  debriefing, defusing, intervention services, case management
  services, prevention, and referral.
               (4)  "Emergency response team member" means an
  individual providing critical incident stress management services
  or crisis response services, or both, who is designated by an
  appropriate state or local governmental unit to provide those
  services as a member of an organized team or in association with the
  governmental unit.
               (5)  "Emergency service provider" means an individual
  who provides emergency response services, including a law
  enforcement officer, firefighter, emergency medical services
  provider, dispatcher, or rescue service provider.
         Sec. 784.002.  CLOSED MEETINGS. (a) Except as provided by
  Subsection (b) and notwithstanding Chapter 551, Government Code, or
  any other law, a meeting in which critical incident stress
  management services or crisis response services are provided to an
  emergency service provider:
               (1)  is closed to the general public; and
               (2)  may be closed to any individual who was not
  directly involved in the critical incident or crisis.
         (b)  Subsection (a) does not apply if:
               (1)  the emergency service provider or the legal
  representative of the provider expressly agrees that the meeting
  may be open to the general public or to certain individuals; or
               (2)  the emergency service provider is deceased.
         Sec. 784.003.  CONFIDENTIALITY. (a) Except as otherwise
  provided by this section:
               (1)  a communication made by an emergency service
  provider to an emergency response team member while the provider
  receives critical incident stress management services or crisis
  response services is confidential and may not be disclosed in a
  civil, criminal, or administrative proceeding; and
               (2)  a record kept by an emergency response team member
  relating to the provision of critical incident stress management
  services or crisis response services to an emergency service
  provider by the team is confidential and is not subject to subpoena,
  discovery, or introduction into evidence in a civil, criminal, or
  administrative proceeding.
         (b)  A court in a civil or criminal case or the
  decision-making entity in an administrative proceeding may allow
  disclosure of a communication or record described by Subsection (a)
  if the court or entity finds that the benefit of allowing disclosure
  of the communication or record is more important than protecting
  the privacy of the individual.
         (c)  A communication or record described by Subsection (a)
  is not confidential if:
               (1)  the emergency response team member reasonably
  needs to make an appropriate referral of the emergency service
  provider to or consult about the provider with another member of the
  team or an appropriate professional associated with the team;
               (2)  the communication conveys information that the
  emergency service provider is or appears to be an imminent threat to
  the provider or anyone else;
               (3)  the communication conveys information relating to
  a past, present, or future criminal act that does not directly
  relate to the critical incident or crisis;
               (4)  the emergency service provider or the legal
  representative of the provider expressly agrees that the
  communication or record is not confidential; or
               (5)  the emergency service provider is deceased.
         (d)  A communication or record described by Subsection (a) is
  not confidential to the extent that it conveys information
  concerning the services and care provided to or withheld by the
  emergency service provider to an individual injured in the critical
  incident or during the crisis.
         Sec. 784.004.  LIMITATION ON LIABILITY. (a) Except as
  provided by Subsection (b), an emergency response team or an
  emergency response team member providing critical incident stress
  management services or crisis response services is not liable for
  damages, including personal injury, wrongful death, property
  damage, or other loss related to the team's or member's act, error,
  or omission in the performance of the services, unless the act,
  error, or omission constitutes wanton, wilful, or intentional
  misconduct.
         (b)  Subsection (a) limits liability for damages in any civil
  action, other than an action under Chapter 74, Civil Practice and
  Remedies Code.
         SECTION 2.  Chapter 784, Health and Safety Code, as added by
  this Act, applies only to critical incident stress management
  services and crisis response services, as those terms are defined
  by Section 784.001, Health and Safety Code, as added by this Act,
  provided in relation to a critical incident or crisis that occurs
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2011.