Bill Text: TX SB752 | 2019-2020 | 86th Legislature | Enrolled
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.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-05-20 - Effective on 9/1/19 [SB752 Detail]
Download: Texas-2019-SB752-Enrolled.html
| S.B. No. 752 | ||
|
|
||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 752 passed the Senate on | ||
| March 19, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 752 passed the House on | ||
| May 7, 2019, by the following vote: Yeas 146, Nays 0, two present | ||
| not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
