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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of volunteer health care providers and health |
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care institutions for care, assistance, or advice provided in |
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relation to a disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 79, Civil Practice and Remedies Code, is |
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amended by adding Section 79.0031 to read as follows: |
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Sec. 79.0031. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER |
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OR HEALTH CARE INSTITUTION. (a) In this section: |
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(1) "Health care institution" has the meaning assigned |
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by Section 74.001. |
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(2) "Volunteer health care provider" has the meaning |
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assigned by Section 84.003. The term includes an individual who is |
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not affiliated with a charitable organization. |
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(b) Except in the case of reckless conduct or intentional, |
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wilful, or wanton misconduct, a volunteer health care provider is |
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immune from civil liability for an act or omission that occurs in |
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giving care, assistance, or advice if the care, assistance, or |
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advice is provided: |
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(1) in relation to an incident that is a man-made or |
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natural disaster that endangers or threatens to endanger |
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individuals, property, or the environment; and |
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(2) within the scope of the provider's practice under |
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the laws of this state. |
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(c) A health care institution is immune from civil liability |
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for an act or omission by a volunteer health care provider providing |
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care, assistance, or advice at the institution's facility or under |
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the institution's direction if: |
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(1) the provider is immune from civil liability under |
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Subsection (b); and |
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(2) the institution does not have an expectation of |
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compensation from or on behalf of the recipient of the care, |
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assistance, or advice in excess of reimbursement for expenses |
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incurred by the institution in connection with the provision of the |
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care, assistance, or advice. |
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(d) The immunity provided by this section is in addition to |
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any other immunity or limitations of liability provided by law. |
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SECTION 2. Section 79.0031, Civil Practice and Remedies |
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Code, 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. |
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SECTION 3. This Act takes effect September 1, 2019. |