Amend CSSB 6 (senate committee printing) in SECTION 2 of the bill, between added Sections 74.155(b) and (c), Civil Practice and Remedies Code (page 2, between lines 44 and 45), by inserting the following appropriately lettered subsection and relettering subsequent subsections and cross-references to those subsections accordingly:
( ) A physician, health care provider, or first responder may not use the showing under Subsection (b)(2) as a defense to liability under Subsection (b) for negligent care, treatment, or failure to provide care or treatment if a claimant proves by a preponderance of the evidence that the respective diagnosis, treatment, or reasonable suspicion of infection with a pandemic disease at the time of the care, treatment, or failure to provide care or treatment was not a producing cause of the individual's injury or death.