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Charitable Immunity - 60th R.S. (1967)

Committee Members
Tom Creighton
Dorsey B. Hardeman
Charles F. Herring
J. Carroll Chadwick
Clint Small
• Study the common-law doctrine of charitable immunity , both as applied by the Texas courts and the courts of other jurisdictions, in all of its ramifications.
• That the committee in its study determine, among other things,
(1) whether the doctrine as now applied by the Texas courts violates the due process and equal protection of law requirements of the Texas and federal constitutions;
(2) the economic impact on charitable organizations of abrogating the doctrine, and whether this impact, if significant, would substantially frustrate their charitable purposes;
(3) the availability to charitable organizations of public liability insurance, and the effect of this availability on the policy arguments supporting the immunity doctrine; and
(4) whether the Legislature by statute should
(A) abrogate the doctrine in whole or in part;
(B) preserve the doctrine in whole or in part; or
(C) limit application of the doctrine to certain types of charitable organization.
• That the committee study any other aspects of the charitable immunity doctrine necessary to aid it in preparing an accurate and comprehensive report on the future application of the doctrine.

Appointed by Lieutenant Governor 5/29/1967, pursuant to HCR 54.

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