BILL ANALYSIS

S.B. 378

By: Rodríguez

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties point out that a variety of professionals, such as physicians, nurses, audiologists, and dentists, are afforded liability protection by the state when they volunteer for certain charitable purposes. The parties note that while social workers employed by public or private agencies generally have liability coverage provided by their employers for the hours they are at work, a social worker who volunteers outside of the workplace generally does not have coverage. The parties believe that social workers are not as willing to offer their services to charitable organizations because of their concerns regarding potential liability exposure. In order to address these concerns, S.B. 378 seeks to limit liability for certain social workers. 

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 378 amends the Civil Practice and Remedies Code to add to the definition of "volunteer health care provider" an individual who voluntarily provides health care services without compensation or expectation of compensation and who is a licensed social worker or a retired social worker who is eligible to engage in the practice of social work under Texas law.

EFFECTIVE DATE

September 1, 2015.