HBA-NRS H.B. 1803 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1803
By: Salinas
Civil Practices
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

Volunteer emergency medical services and volunteer fire departments are
facing strains in resources and response time to handle emergencies with
the increasing shortage of personnel. Furthermore, volunteer emergency
medical services and volunteer fire departments have trouble recruiting
potential volunteers who fear being sued for actions they may take during
the course of performing their duties. House Bill 1803 provides that
volunteer fire fighters and volunteer emergency medical services personnel
are not liable in damages for any act or omission in the performance of
their duties 

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. 

ANALYSIS

House Bill 1803 amends the Civil Practice and Remedies Code to provide that
volunteer fire fighters and volunteer emergency medical services personnel
are not liable in damages for any act or omission in the performance of
their duties. The bill provides that protection from such liability does
not apply to an act or omission of the fire fighter or emergency medical
services personnel that constitutes gross negligence, recklessness, or
intentional misconduct. The bill also provides that volunteer emergency
medical services personnel are not liable for damage to property resulting
from reasonable and necessary action in fighting or extinguishing a fire or
in providing emergency medical services while on the property.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.