Bill Text: TX HB4481 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to civil liability arising from COVID-19.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Judiciary & Civil Jurisprudence [HB4481 Detail]
Download: Texas-2021-HB4481-Introduced.html
| 87R10938 AJA-F | ||
| By: Oliverson | H.B. No. 4481 | |
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| relating to civil liability arising from COVID-19. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 100C to read as follows: | ||
| CHAPTER 100C. LIABILITY ARISING FROM COVID-19 | ||
| Sec. 100C.001. DEFINITIONS. In this chapter: | ||
| (1) "Arising from COVID-19," with respect to personal | ||
| injury or death, means the injury or harm giving rise to the | ||
| personal injury or death was caused by or resulted from: | ||
| (A) the actual, alleged, or possible exposure to | ||
| or contraction of COVID-19; | ||
| (B) services, treatment, or other actions | ||
| performed, not performed, or delayed in response to COVID-19; | ||
| (C) the implementation of policies and | ||
| procedures to prevent or minimize the spread of COVID-19; | ||
| (D) testing for COVID-19; | ||
| (E) monitoring, collecting, reporting, tracking, | ||
| tracing, disclosing, or investigating COVID-19 exposure or other | ||
| COVID-19 related information; | ||
| (F) the use, design, manufacture, provision, | ||
| donation, or servicing of precautionary, diagnostic, collection, | ||
| or other health equipment or supplies, including personal | ||
| protective equipment; | ||
| (G) the closing or partial closing of a business | ||
| or premises to prevent or minimize the spread of COVID-19; | ||
| (H) delaying or modifying the schedule or | ||
| performance of any medical procedure; or | ||
| (I) providing services or products in response to | ||
| government appeal or repurposing operations to address an urgent | ||
| need for personal protective equipment, sanitation products, or | ||
| other products necessary to protect the public. | ||
| (2) "COVID-19" means: | ||
| (A) the novel coronavirus known as SARS-CoV-2; | ||
| (B) any mutation of SARS-CoV-2; or | ||
| (C) the coronavirus disease 2019. | ||
| Sec. 100C.002. LIMITED IMMUNITY FROM LIABILITY. (a) | ||
| Notwithstanding any other law, a person who acts in good faith in | ||
| the course of or through the performance or provision of the | ||
| person's business operations or on the premises owned or operated | ||
| by the person is immune from civil liability for ordinary | ||
| negligence for any personal injury or death arising from COVID-19 | ||
| if the person acts as an ordinary, reasonable, and prudent person | ||
| would have acted under the same or similar circumstances. For | ||
| purposes of this subsection, acting as an ordinary, reasonable, and | ||
| prudent person includes the adoption of reasonable safety measures. | ||
| (b) There is a rebuttable presumption that safety measures | ||
| adopted by a person are reasonable for purposes of Subsection (a) if | ||
| those measures conform to the Centers for Disease Control and | ||
| Prevention guidelines in existence at the time of an alleged | ||
| exposure. The rebuttable presumption provided by this subsection | ||
| does not alter the applicable standard of care for medical, legal, | ||
| or other negligence cases. | ||
| (c) This section does not apply to an act or omission that | ||
| constitutes an intentional tort or wilful or reckless misconduct. | ||
| (d) Nothing in this section may be construed to modify the | ||
| application of the state's workers' compensation laws. | ||
| (e) The immunity provided by this section is in addition to | ||
| any other immunity under state or federal law. | ||
| Sec. 100C.003. EXPIRATION. This chapter expires September | ||
| 1, 2023. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
