HBA-EVB, EVB H.B. 2934 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2934 By: Christian Civil Practices 4/26/1999 Introduced BACKGROUND AND PURPOSE The U.S. Volunteer Protection Act of 1997 exempted nonprofit groups and individual volunteers from many forms of liability. Currently, in Texas, certain volunteers who render services for or on behalf of a governmental unit are not exempted from liability. Protection from liability for volunteers may provide an incentive for persons or groups to get involved in volunteer, charitable, and nonprofit efforts. H.B. 2934 defines "governmental unit," and redefines "volunteer" to include a person rendering services for or on behalf of a governmental unit who does not receive compensation in excess of reimbursement for expenses incurred, or any other thing of value in place of compensation in excess of $500 per year. In addition, H.B. 2934 redefines "charitable organization" by deleting text related to various nonprofit, charitable, religious, welfare, child, youth, animal, neighborhood, alumni, on-campus or educational entities. H.B. 2934 also provides that such an organization does not allow any part of its net assets on dissolution of the organization to inure to the benefit of any group, other than a group with a similar purpose. 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 Section 84.003, Civil Practice and Remedies Code, by amending Subdivisions (1) and (2) and adding Subdivision (5), as follows: (1) Redefines "charitable organization" by deleting text related to various nonprofit, charitable, religious, welfare, child, youth, animal, neighborhood, alumni, on-campus or educational entities. Provides that such an organization does not allow any part of its net assets on dissolution of the organization to inure to the benefit of any group, other than a group with a similar purpose. (2) Redefines "volunteer" to include a person rendering services for or on behalf of a governmental unit who does not receive compensation in excess of reimbursement for expenses incurred, or any other thing of value in place of compensation in excess of $500 per year. (5) Defines "governmental unit." SECTION 2. Amends Section 84.004, Civil Practice and Remedies Code, to make conforming and nonsubstantive changes. SECTION 3. Amends Section 84.007, Civil Practice and Remedies Code, by amending Subsections (e), (f), and (g) and adding Subsection (h), as follows: (e) Provides that this chapter does not apply to the activity or service of a volunteer, employee, or charitable organization that is not licensed, certified, or otherwise authorized by an appropriate authority in this state to carry out the activity or service. Deletes text related to health care providers, general hospitals, special hospitals, certain facilities or institutions licensed under Subtitle C (Texas Mental Health Code), Title 7, Health and Safety Code, or Chapter 242 (Convalescent and Nursing Homes and Related Institutions), Health and Safety Code, or certain health maintenance organizations. (f) Provides that this chapter does not apply to a governmental unit or employee of a governmental unit, rather than a governmental unit or employee of a governmental unit as defined in Subchapter A (General Provisions), Chapter 101 (Tort Claims), Civil Practice and Remedies Code. (g) Provides that Sections 84.005 (Employee Liability) and 84.006 (Organization Liability), Civil Practice and Remedies Code, do not apply to limit liability for damages arising from a cause of action for any charitable organization that does not have liability insurance coverage in effect on any act or omission to which this chapter applies if the charitable organization has annual gross revenue in an amount greater than $250,000 in the year preceding the year the cause of action accrues. (h) Provides that this chapter does not apply to any act or omission that is a felony; or is a misdemeanor involving any offense for which registration is required under Chapter 62 (Missing Children and Missing Persons), Code of Criminal Procedure, or under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, or Chapter 481 (Texas Controlled Substances Act), Health and Safety Code. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5. Emergency clause.