Bill Text: TX HB1353 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to liability of volunteer health care providers and health care institutions for care, assistance, or advice provided in relation to a disaster.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-06 - Laid on the table subject to call [HB1353 Detail]
Download: Texas-2019-HB1353-Comm_Sub.html
86R13218 SCL-D | |||
By: Oliverson | H.B. No. 1353 | ||
Substitute the following for H.B. No. 1353: | |||
By: Meyer | C.S.H.B. No. 1353 |
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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. |