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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability arising from COVID-19. |
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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 100C to read as follows: |
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CHAPTER 100C. LIABILITY ARISING FROM COVID-19 |
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Sec. 100C.001. DEFINITIONS. In this chapter: |
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(1) "Arising from COVID-19," with respect to personal |
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injury or death, means the injury or harm giving rise to the |
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personal injury or death was caused by or resulted from: |
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(A) the actual, alleged, or possible exposure to |
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or contraction of COVID-19; |
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(B) services, treatment, or other actions |
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performed, not performed, or delayed in response to COVID-19; |
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(C) the implementation of policies and |
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procedures to prevent or minimize the spread of COVID-19; |
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(D) testing for COVID-19; |
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(E) monitoring, collecting, reporting, tracking, |
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tracing, disclosing, or investigating COVID-19 exposure or other |
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COVID-19 related information; |
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(F) the use, design, manufacture, provision, |
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donation, or servicing of precautionary, diagnostic, collection, |
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or other health equipment or supplies, including personal |
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protective equipment; |
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(G) the closing or partial closing of a business |
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or premises to prevent or minimize the spread of COVID-19; |
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(H) delaying or modifying the schedule or |
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performance of any medical procedure; or |
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(I) providing services or products in response to |
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government appeal or repurposing operations to address an urgent |
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need for personal protective equipment, sanitation products, or |
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other products necessary to protect the public. |
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(2) "COVID-19" means: |
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(A) the novel coronavirus known as SARS-CoV-2; |
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(B) any mutation of SARS-CoV-2; or |
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(C) the coronavirus disease 2019. |
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Sec. 100C.002. LIMITED IMMUNITY FROM LIABILITY. (a) |
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Notwithstanding any other law, a person who acts in good faith in |
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the course of or through the performance or provision of the |
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person's business operations or on the premises owned or operated |
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by the person is immune from civil liability for ordinary |
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negligence for any personal injury or death arising from COVID-19 |
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if the person acts as an ordinary, reasonable, and prudent person |
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would have acted under the same or similar circumstances. For |
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purposes of this subsection, acting as an ordinary, reasonable, and |
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prudent person includes the adoption of reasonable safety measures. |
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(b) There is a rebuttable presumption that safety measures |
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adopted by a person are reasonable for purposes of Subsection (a) if |
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those measures conform to the Centers for Disease Control and |
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Prevention guidelines in existence at the time of an alleged |
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exposure. The rebuttable presumption provided by this subsection |
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does not alter the applicable standard of care for medical, legal, |
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or other negligence cases. |
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(c) This section does not apply to an act or omission that |
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constitutes an intentional tort or wilful or reckless misconduct. |
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(d) Nothing in this section may be construed to modify the |
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application of the state's workers' compensation laws. |
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(e) The immunity provided by this section is in addition to |
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any other immunity under state or federal law. |
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Sec. 100C.003. EXPIRATION. This chapter expires September |
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1, 2023. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |