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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of volunteer certified veterinary |
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assistants, licensed veterinary technicians, or veterinarians who |
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provide medical assistance to an injured animal in certain |
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situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 91B to read as follows: |
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CHAPTER 91B. LIABILITY OF VOLUNTEER VETERINARY PRACTITIONERS |
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Sec. 91B.001. DEFINITIONS. In this chapter, "certified |
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veterinary assistant," "licensed veterinary technician," and |
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"veterinarian" have the meanings assigned by Section 801.002, |
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Occupations Code. |
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Sec. 91B.002. IMMUNITY FROM LIABILITY. (a) Except as |
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provided by Section 91B.003, a certified veterinary assistant, |
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licensed veterinary technician, or veterinarian who in good faith |
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and as a volunteer provides medical assistance to an injured animal |
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is immune from civil liability for an act or omission that occurs in |
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providing that medical assistance if the medical assistance is |
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provided: |
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(1) in response to an incident that is a man-made or |
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natural disaster that injures, endangers, or threatens to endanger |
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the animal; |
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(2) at the request of the owner of the animal or an |
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authorized representative of a local, state, or federal agency, |
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including a fire department, a police department, an emergency |
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management agency, or a disaster response agency; and |
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(3) within the scope of practice authorized and level |
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of supervision required under Chapter 801, Occupations Code. |
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(b) This section does not apply to a certified veterinary |
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assistant, licensed veterinary technician, or veterinarian giving |
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medical assistance for or in expectation of compensation from or on |
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behalf of the owner of the animal in excess of reimbursement for |
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expenses incurred. |
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Sec. 91B.003. APPLICABILITY. This chapter does not apply |
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to an act or omission that is grossly negligent or intentional |
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misconduct. |
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SECTION 2. Chapter 91B, Civil Practice and Remedies Code, |
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as added by this Act, does not apply to a cause of action that |
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accrued before the effective date of this Act. A cause of action |
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that accrued before the effective date of this Act is governed by |
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the law applicable to the cause of action 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 takes effect September 1, 2019. |