By: Huffman  S.B. No. 752
         (In the Senate - Filed February 11, 2019; March 1, 2019,
  read first time and referred to Committee on State Affairs;
  March 13, 2019, reported favorably by the following vote:  Yeas 9,
  Nays 0; March 13, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to liability of volunteer health care providers and health
  care institutions for care, assistance, or advice provided in
  relation to a disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 79, Civil Practice and Remedies Code, is
  amended by adding Section 79.0031 to read as follows:
         Sec. 79.0031.  LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER
  OR HEALTH CARE INSTITUTION.  (a)  In this section:
               (1)  "Health care institution" has the meaning assigned
  by Section 74.001.
               (2)  "Volunteer health care provider" has the meaning
  assigned by Section 84.003.  The term includes an individual who is
  not affiliated with a charitable organization.
         (b)  Except in the case of reckless conduct or intentional,
  wilful, or wanton misconduct, a volunteer health care provider is
  immune from civil liability for an act or omission that occurs in
  giving care, assistance, or advice if the care, assistance, or
  advice is provided:
               (1)  in relation to an incident that is a man-made or
  natural disaster that endangers or threatens to endanger
  individuals, property, or the environment; and
               (2)  within the scope of the provider's practice under
  the laws of this state.
         (c)  A health care institution is immune from civil liability
  for an act or omission by a volunteer health care provider providing
  care, assistance, or advice at the institution's facility or under
  the institution's direction if:
               (1)  the provider is immune from civil liability under
  Subsection (b); and
               (2)  the institution does not have an expectation of
  compensation from or on behalf of the recipient of the care,
  assistance, or advice in excess of reimbursement for expenses
  incurred by the institution in connection with the provision of the
  care, assistance, or advice.
         (d)  The immunity provided by this section is in addition to
  any other immunity or limitations of liability provided by law.
         SECTION 2.  Section 79.0031, Civil Practice and Remedies
  Code, as added by this Act, does not apply to a cause of action that
  accrued before the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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