77(R) HB 1803 Introduced version - Bill Text.html

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77® HB 1803 Introduced version - Bill Text

By Salinas H.B. No. 1803

77R3706 YDB-D

A BILL TO BE ENTITLED

1-1 AN ACT

1-2 relating to the personal liability of volunteer firefighters and

1-3 volunteer emergency medical services personnel.

1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-5 SECTION 1. Section 74.002, Civil Practice and Remedies Code,

1-6 is amended to read as follows:

1-7 Sec. 74.002. UNLICENSED MEDICAL PERSONNEL. (a) Persons not

1-8 licensed in the healing arts who in good faith administer emergency

1-9 care as emergency medical service personnel are not liable in civil

1-10 damages for an act performed in administering the care unless the

1-11 act is wilfully or wantonly negligent. This section applies

1-12 without regard to whether the care is provided for or in

1-13 expectation of remuneration.

1-14 ( This section does not apply to volunteer emergency

1-15 medical services personnel who are certified under Chapter 773,

1-16 Health and Safety Code, and subject to Chapter 78 of this code.

1-17 SECTION 2. The heading to Chapter 78, Civil Practice and

1-18 Remedies Code, is amended to read as follows:

1-19 CHAPTER 78. CERTAIN FIRE FIGHTERS, [AND]

1-20 FIRE-FIGHTING ENTITIES, AND EMERGENCY MEDICAL SERVICES

1-21 PERSONNEL

1-22 SECTION 3. Subchapter A, Chapter 78, Civil Practice and

1-23 Remedies Code, is amended to read as follows:

1-24 SUBCHAPTER A. VOLUNTEER FIRE FIGHTERS, [AND] FIRE

2-1 DEPARTMENTS, AND EMERGENCY MEDICAL SERVICES PERSONNEL

2-2 Sec. 78.001. DEFINITION. In this subchapter, " emergency

2-3 medical services personnel " means a person certified as emergency

2-4 medical services personnel under Chapter 773, Health and Safety

2-5 Code.

2-6 Sec. 78.002. LIABILITY. (a) A volunteer fire fighter, [or

2-7 a] volunteer fire department, or volunteer emergency medical

2-8 services personnel is not liable for damage to property resulting

2-9 from the [fire fighter's or the department's] reasonable and

2-10 necessary action of the volunteer fire fighter, fire department, or

2-11 emergency medical services personnel in fighting or extinguishing a

2-12 fire or in providing emergency medical services while on the

2-13 property.

2-14 ( Volunteer fire fighters and volunteer emergency medical

2-15 services personnel are not liable in damages for any act or

2-16 omission in the performance of their duties. This subsection does

2-17 not apply to an act or omission of the fire fighter or emergency

2-18 medical services personnel that constitutes gross negligence,

2-19 recklessness, or intentional misconduct.

2-20 SECTION 4. The change in law made by this Act applies only to

2-21 acts or omissions that occur on or after the effective date of this

2-22 Act. An act or omission that occurs before the effective date of

2-23 this Act is covered by the law in effect at the time the act or

2-24 omission occurred, and the prior law is continued in effect for

2-25 that purpose.

2-26 SECTION 5. This Act takes effect immediately if it receives

2-27 a vote of two-thirds of all the members elected to each house, as

3-1 provided by Section 39, Article III, Texas Constitution. If this

3-2 Act does not receive the vote necessary for immediate effect, this

3-3 Act takes effect September 1, 2001.