HBA-ATS H.B. 2933 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2933
By: Christian
Civil Practices
4/26/1999
Introduced



BACKGROUND AND PURPOSE 

In the early 1990s, churches throughout America were involved in many
malpractice suits.  Most claims against the clergy were based on
"negligence," "breach of liability," and "negligent infliction of emotional
distress." Other, less common claims included claims for marital counseling
that did not prevent divorce and for drug counseling that did not prevent
suicide.  Church administrators sought to limit the liability of their
clergy by instituting official policies to regulate the relationship
between clergy and parishioners.  The result has been a restriction on the
range of services offered by the clergy to their parishioners.  For
example, the number of counseling sessions are often limited to no more
than two, intimate conversations between parioshioners and clergy are often
observed by third-parties, and conversations are limited to the sole topic
of religion.  Such measures may frustrate parishioners who rely on the free
advice of their local clergy member. 

H.B. 2933 provides that a clergy member (member) is immune from civil
liability for any act or omission resulting in death, damage, or injury if
the death, damage, or injury results from religious, moral, and spiritual
counseling, teaching, or instruction or other counseling, teaching, or
instruction, such as marital counseling, performed in the course and scope
of the member's duties as a member and the member was acting in good faith
in providing that counseling, teaching, or instruction. However, a member
is liable to a person for death, damage, or injury to the person or the
person's property proximately caused by any act or omission arising from
the operation or use of motor-driven equipment, including an airplane, to
the extent insurance coverage is required by Chapter 601 (Motor Vehicle
Safety Responsibility Act), Transportation Code, and to the extent of any
existing insurance coverage applicable to the act or omission.  In
addition, a member does not enjoy immunity from liability for an act or
omission that is intentional, wilfully or wantonly negligent, or done with
conscious indifference or reckless disregard for the safety of others, and
for a claim made under Chapter 81 (Sexual Exploitation by Mental Health
Services Provider). 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 84, Civil Practice and Remedies Code, by adding
Subchapter B, as follows: 

SUBCHAPTER B. LIABILITY OF CLERGY MEMBER

Sec. 84.051.  DEFINITIONS.  Defines "clergy member" and "good faith."

Sec. 84.052.  CLERGY MEMBER LIABILITY.  (a) Provides that a clergy member
(member) is immune from civil liability, except as provided by Subsection
(b) and Section 84.053, for any act or omission resulting in death, damage,
or injury if the death, damage, or injury results from religious, moral,
and spiritual counseling, teaching, or instruction or other counseling,
teaching, or instruction, such as marital counseling, performed in the
course and scope of the member's duties as a member and the member was
acting in good faith in providing that counseling, teaching, or
instruction. 
 
(b) Provides that a member is liable to a person for death, damage, or
injury to the person or the person's property proximately caused by any act
or omission arising from the operation or use of motor-driven equipment,
including an airplane, to the extent insurance coverage is required by
Chapter 601 (Motor Vehicle Safety Responsibility Act), Transportation Code,
and to the extent of any existing insurance coverage applicable to the act
or omission. 

Sec. 84.053.  APPLICABILITY.  Provides that this subchapter does not apply
to an act or omission that is intentional, wilfully or wantonly negligent,
or done with conscious indifference or reckless disregard for the safety of
others, and does not apply to a claim made under Chapter 81 (Sexual
Exploitation by Mental Health Services Provider). 

SECTION 2.  Redesignates Sections 84.001-84.008, Civil Practice and
Remedies Code, to Subchapter A, Chapter 84, Civil Practice and Remedies
Code.  Adds a new subchapter heading, as follows: SUBCHAPTER A.  CHARITABLE
IMMUNITY AND LIABILITY ACT 

SECTION 3.  Amends Sections 84.001 and 84.003, Civil Practice and Remedies
Code, to make conforming changes. 

SECTION 4.  Amends Sections 84.007(a), (b), (c), (d),  (f), and (g), Civil
Practice and Remedies Code, to make conforming changes. 

SECTION 5.  Amends Section 84.008, Civil Practice and Remedies Code, to
make conforming changes. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Makes application of this Act prospective.

SECTION 8.  Emergency clause.