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AN ACT
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relating to the liability of certain volunteers who provide |
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veterinary care or treatment and certain confidential or privileged |
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information related to veterinary care or treatment. |
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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 veterinary care or treatment to an |
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injured animal is immune from civil liability for an act or omission |
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that occurs in providing that care or treatment if the care or |
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treatment is 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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veterinary care or treatment for or in expectation of compensation |
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from or on behalf of the owner of the animal in excess of |
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reimbursement for 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. Section 801.353, Occupations Code, is amended by |
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adding Subsections (d-2) and (f-1) and amending Subsection (g) to |
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read as follows: |
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(d-2) The privilege provided by this section is waived by |
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the client or the owner of the animal treated by the veterinarian |
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with respect to information regarding the animal's care and |
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treatment by the veterinarian that the client or owner publishes in |
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a public forum if: |
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(1) the information shared by the client or owner in |
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the public forum is false with respect to the veterinarian; |
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(2) any information shared by the veterinarian in |
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response is limited to factual information of which the |
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veterinarian has knowledge that directly refutes the false |
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information shared by the client or owner in the public forum; and |
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(3) the veterinarian does not share any personally |
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identifiable information of a client or owner other than the full |
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name of the client or owner. |
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(f-1) A veterinarian does not violate this section by |
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providing to a veterinarian or an appropriate governmental entity |
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information regarding: |
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(1) the prescribing, dispensing, or requesting of a |
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controlled substance; or |
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(2) cruelty to or an attack of an animal. |
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(g) A public health authority or other governmental entity |
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that receives information under Subsection (f) or (f-1) shall |
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maintain the confidentiality of the information, may not disclose |
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the information under Chapter 552, Government Code, and may not use |
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the information for a purpose that does not directly relate to law |
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enforcement or the protection of public health and safety. |
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SECTION 3. 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 4. Section 801.353, Occupations Code, as amended by |
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this Act, applies only to the disclosure or release of information |
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under that section on or after the effective date of this Act. The |
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disclosure or release of information before that date is governed |
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by the law in effect on the date of the disclosure or release, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2850 was passed by the House on May 8, |
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2021, by the following vote: Yeas 132, Nays 7, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2850 was passed by the Senate on May |
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27, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |