reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 88 - Health Care Liability › Section 88.0015. Inapplicability to Erisa-Regulated Employee Benefit Plan

Sec. 88.0015.  INAPPLICABILITY TO ERISA-REGULATED EMPLOYEE BENEFIT PLAN.  This chapter does not apply to an employee benefit plan regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.).
Added by Acts 2005, 79th Leg., Ch. 306 (S.B. 554), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 89 - Donation of Medical Devices › Section 89.001. Definitions

Sec. 89.001.  DEFINITIONS.  In this chapter:
(1)  "Device" means braces, artificial appliances, durable medical equipment, and other medical supplies.  The term does not include a medical device that is injected, implanted, or otherwise placed in the human body.
(2)  "Donate" means to give without requiring anything of monetary value from the recipient.
(3)  "Nonprofit health care organization" means:
(A)  an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501) by being listed as an exempt organization in Section 501(c)(3) or 501(c)(4) of that code and that is organized and operated for the purpose of providing free or reduced cost health care;  or
(B)  a bona fide charitable organization that is organized and operated for the purpose of providing free or reduced cost health care, that dedicates its assets to charitable purposes, and that does not provide net earnings to, or operate in a manner that inures to the benefit of, an officer, employee, or shareholder of the organization.
Added by Acts 1997, 75th Leg., ch. 662, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 88.001 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(5), eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 89 - Donation of Medical Devices › Section 89.002. Liability for Damages From Donated Device

Sec. 89.002.  LIABILITY FOR DAMAGES FROM DONATED DEVICE.  A person authorized to possess a device is not liable for personal injury, property damage, or death resulting from the nature, age, packaging, or condition of a device that the person donates in good faith to an entity that is authorized to possess the device and that is a nonprofit health care organization for use in providing free or reduced cost health care.
Added by Acts 1997, 75th Leg., ch. 662, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 88.002 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(5), eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 89 - Donation of Medical Devices › Section 89.003. Exceptions

Sec. 89.003.  EXCEPTIONS.  (a)  This chapter does not apply to a person who donates a device:
(1)  knowing that use of the device would be harmful to the health or well-being of another person;
(2)  with actual conscious indifference to the health or well-being of another person;  or
(3)  in violation of state or federal law.
(b)  This chapter does not apply to a nonprofit health care organization unless the organization has liability insurance in effect that satisfies the requirements of Section 84.007(g).
Added by Acts 1997, 75th Leg., ch. 662, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 88.003 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(5), eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 89A - Donation of Feminine Hygiene Products › Section 89A.001. Definitions

Sec. 89A.001.  DEFINITIONS.  In this chapter:
(1)  "Feminine hygiene product" means a tampon, a panty liner, a menstrual cup, a sanitary napkin, or other similar item used in connection with the menstrual cycle.
(2)  "Nonprofit organization" means an organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code.
Added by Acts 2023, 88th Leg., R.S., Ch. 172 (H.B. 242), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 89A - Donation of Feminine Hygiene Products › Section 89A.002. Liability From Donation of Feminine Hygiene Product

Sec. 89A.002.  LIABILITY FROM DONATION OF FEMININE HYGIENE PRODUCT.  A person, including a manufacturer or distributor, is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of a feminine hygiene product that the person donates in good faith to a nonprofit organization for distribution to individuals in need of the products if the donated product meets all quality and labeling standards imposed by law at the time the product is donated, even if the product is not readily marketable.
Added by Acts 2023, 88th Leg., R.S., Ch. 172 (H.B. 242), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 89A - Donation of Feminine Hygiene Products › Section 89A.003. Nonprofit Organization Liability From Distributed Feminine Hygiene Product

Sec. 89A.003.  NONPROFIT ORGANIZATION LIABILITY FROM DISTRIBUTED FEMININE HYGIENE PRODUCT.  A nonprofit organization is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of a feminine hygiene product donated to the organization that the organization distributes to individuals in need of the products if the donated product meets all quality and labeling standards imposed by law at the time the product is distributed, even if the product is not readily marketable.
Added by Acts 2023, 88th Leg., R.S., Ch. 172 (H.B. 242), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 89A - Donation of Feminine Hygiene Products › Section 89A.004. Exceptions

Sec. 89A.004.  EXCEPTIONS.  This chapter does not apply to a person who donates a feminine hygiene product or a nonprofit organization that distributes a donated feminine hygiene product if the person or organization, as applicable, intentionally or with gross negligence donates or distributes a product that results in injury to or death of an individual who uses or receives the product.
Added by Acts 2023, 88th Leg., R.S., Ch. 172 (H.B. 242), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.002. Pulmonary Function Testing

Sec. 90.002.  PULMONARY FUNCTION TESTING.  Pulmonary function testing required by this chapter must be interpreted by a physician:
(1)  who is licensed in this state or another state of the United States;
(2)  who is board certified in pulmonary medicine, internal medicine, or occupational medicine; and
(3)  whose license and certification were not on inactive status at the time the testing was interpreted.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.005. Prohibited Basis for Diagnosis

Sec. 90.005.  PROHIBITED BASIS FOR DIAGNOSIS.  (a)  For purposes of this chapter, a physician may not, as the basis for a diagnosis, rely on the reports or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, or screening of the exposed person's medical condition that was conducted in violation of any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted.
(b)  If a physician relies on any information in violation of Subsection (a), the physician's opinion or report does not comply with the requirements of this chapter.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.006. Serving Reports

Sec. 90.006.  SERVING REPORTS.  (a)  In an action filed on or after the date this chapter becomes law, a report prescribed by Section 90.003 or 90.004 must be served on each defendant not later than the 30th day after the date that defendant answers or otherwise enters an appearance in the action.
(b)  In an action pending on the date this chapter becomes law and in which the trial, or any new trial or retrial following motion, appeal, or otherwise, commences on or before the 90th day after the date this chapter becomes law, a claimant is not required to serve a report on any defendant unless a mistrial, new trial, or retrial is subsequently granted or ordered.
(c)  In an action pending on the date this chapter becomes law and in which the trial, or any new trial or retrial following motion, appeal, or otherwise, commences after the 90th day after the date this chapter becomes law, a report must be served on each defendant on or before the earlier of the following dates:
(1)  the 60th day before trial commences; or
(2)  the 180th day after the date this chapter becomes law.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.007. Motion to Dismiss in Action Filed on or After September 1, 2005

Sec. 90.007.  MOTION TO DISMISS IN ACTION FILED ON OR AFTER SEPTEMBER 1, 2005.  (a)  In an action filed on or after September 1, 2005, if a claimant fails to timely serve a report on a defendant, or serves on the defendant a report that does not comply with the requirements of Section 90.003 or 90.004, the defendant may file a motion to dismiss the claimant's asbestos-related claims or silica-related claims.  The motion must be filed on or before the 30th day after the date the report is served on the defendant.  If a claimant fails to serve a report on the defendant, the motion must be filed on or before the 30th day after the date the report was required to be served on the defendant under Section 90.006.  If the basis of the motion is that the claimant has served on the defendant a report that does not comply with Section 90.003 or 90.004, the motion must include the reasons why the report does not comply with that section.
(b)  A claimant may file a response to a motion to dismiss on or before the 15th day after the date the motion to dismiss is served.  A report required by Section 90.003 or 90.004 may be filed, amended, or supplemented within the time required for responding to a motion to dismiss.  The service of an amended or supplemental report does not require the filing of an additional motion to dismiss if the reasons stated in the original motion to dismiss are sufficient to require dismissal under this chapter.
(c)  Except as provided by Section 90.010(d) or (e), if the court is of the opinion that a motion to dismiss is meritorious, the court shall, by written order, grant the motion and dismiss all of the claimant's asbestos-related claims or silica-related claims, as appropriate, against the defendant.  A dismissal under this section is without prejudice to the claimant's right, if any, to assert claims for an asbestos-related injury or a silica-related injury in a subsequent action.
(d)  On the filing of a motion to dismiss under this section, all further proceedings in the action are stayed until the motion is heard and determined by the court.
(e)  On the motion of a party showing good cause, the court may shorten or extend the time limits provided in this section for filing or serving motions, responses, or reports.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 146 (H.B. 1325), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 146 (H.B. 1325), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.008. Voluntary Dismissal

Sec. 90.008.  VOLUNTARY DISMISSAL.  Before serving a report required by Section 90.003 or 90.004, a claimant seeking damages arising from an asbestos-related injury or silica-related injury may voluntarily dismiss the claimant's action.  If a claimant files a voluntary dismissal under this section, the claimant's voluntary dismissal is without prejudice to the claimant's right to file a subsequent action seeking damages arising from an asbestos-related injury or a silica-related injury.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.009. Joinder of Claimants

Sec. 90.009.  JOINDER OF CLAIMANTS.  Unless all parties agree otherwise, claims relating to more than one exposed person may not be joined for a single trial.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.011. Bankruptcy

Sec. 90.011.  BANKRUPTCY.  Nothing in this chapter is intended to affect the rights of any party in a bankruptcy proceeding or affect the ability of any person to satisfy the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code (11 U.S.C. Section 1101 et seq.).
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter A. General Provisions › Section 90.012. Supreme Court Rulemaking

Sec. 90.012.  SUPREME COURT RULEMAKING.  The supreme court may promulgate amendments to the Texas Rules of Civil Procedure regarding the joinder of claimants in asbestos-related actions or silica-related actions if the rules are consistent with Section 90.009.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.051. Definitions

Sec. 90.051.  DEFINITIONS.  In this subchapter:
(1)  "Asbestos or silica trust" means a claims facility, a claims agent, a qualified settlement fund, or any other entity that:
(A)  is created under 11 U.S.C. Section 524(g) or another applicable law for the benefit of creditors of a bankrupt person;
(B)  is formed for the purpose of compensating claimants for asbestos- or silica-related injuries; and
(C)  is in existence on the date trial in an action asserting an asbestos- or silica-related injury is set to commence.
(2)  "Trust claim" means any filing with or claim against an asbestos or silica trust seeking recovery of compensation or damages for or arising from the asbestos- or silica-related injury of an exposed person.
(3)  "Trust claim material" means documentation filed as part of or in connection with a trust claim, including:
(A)  documentation that a claimant submits or provides to an asbestos or silica trust for the purpose of demonstrating asbestos or silica exposure, the existence of an asbestos- or silica-related injury, or the validity of a trust claim; and
(B)  claim forms and other materials that an asbestos or silica trust requires a claimant to submit.
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.052. Requirement to Make Trust Claims

Sec. 90.052.  REQUIREMENT TO MAKE TRUST CLAIMS.  (a)  Except as provided by Subsection (d), a claimant who has filed an action to recover damages for or arising from an asbestos- or silica-related injury shall make a trust claim against each asbestos or silica trust the claimant believes may owe compensation or damages to the claimant for the injury that is the basis of the claimant's action.
(b)  A claimant must make each trust claim required under this section not later than:
(1)  the 150th day before the date trial in the action is set to commence; or
(2)  a date provided by court order if trial is set to commence on or before January 31, 2016.
(c)  A claimant may file a motion seeking relief from the obligation to make a trust claim otherwise required by this section if the claimant believes that the fees and expenses, including attorney's fees, for filing the trust claim exceed the claimant's reasonably anticipated recovery from the trust.
(d)  If a claimant files a motion under Subsection (c), the court shall determine whether the claimant's fees and expenses, including attorney's fees, for making the trust claim exceed the claimant's reasonably anticipated recovery from the trust. If the court determines that the claimant's fees and expenses exceed the claimant's reasonably anticipated recovery, the claimant is not required to make the trust claim but shall provide the court with a verified statement of the exposed person's exposure history to asbestos or silica that is covered by the trust.
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.053. Notice of Trust Claim; Production of Trust Claim Material

Sec. 90.053.  NOTICE OF TRUST CLAIM; PRODUCTION OF TRUST CLAIM MATERIAL.  (a)  A claimant in an action to recover damages for or arising from an asbestos- or silica-related injury shall serve on each party notice of, and trust claim material relating to, each trust claim made by or on behalf of the exposed person.  The notice must:
(1)  identify each trust claim made by or on behalf of the exposed person;
(2)  state the amount of any trust claim payment made to compensate for the exposed person's injury; and
(3)  state the date each trust claim was made and whether a request for individual or enhanced review or for a deferral, delay, suspension, or tolling of the claim has been submitted to the trust.
(b)  The claimant shall serve the notice and trust claim materials required by Subsection (a) not later than:
(1)  the 120th day before the date trial in the action is set to commence; or
(2)  a date provided by court order if the court entered an order under Section 90.052(b).
(c)  The notice and trust claim materials required to be served under Subsection (a) are in addition to any notice or materials required to be served or produced under other law, rule, order, or applicable agreement.
(d)  If a claimant makes a trust claim after the date provided by Section 90.052(b) but before the date that trial in the action commences, the claimant shall serve the notice of, and trust claim material relating to, the trust claim as required by Subsection (a) reasonably promptly after making the trust claim, but not later than the earlier of:
(1)  the date that trial commences; or
(2)  the 15th day after the date the additional trust claim is made.
(e)  If a claimant discovers that the notice or trust claim materials provided by the claimant under this section were incomplete or incorrect at the time the notice or trust claim materials were served or that the notice or trust claim materials as served are no longer complete and correct, the claimant shall supplement the notice and the production of trust claim materials. The claimant shall serve the supplemental notice or trust claim materials reasonably promptly after the claimant discovers the necessity for the supplementation, but not later than the 15th day after the date the claimant discovers the necessity for the supplementation.
(f)  A claimant shall serve notice of, and trust claim material relating to, a trust claim regardless of whether the claim is for an injury resulting in cancer or an injury not resulting in cancer.
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.054. Failure to Make Trust Claim or Provide Notice and Trust Claim Material

Sec. 90.054.  FAILURE TO MAKE TRUST CLAIM OR PROVIDE NOTICE AND TRUST CLAIM MATERIAL.  (a)  An MDL pretrial court may not remand an action to a trial court and a trial court may not commence trial in the action unless the claimant has:
(1)  made each trust claim as required by this subchapter; and
(2)  served the notice of, and trust claim material relating to, those trust claims in accordance with Section 90.053.
(b)  If a claimant received compensation from an asbestos or silica trust for an injury that also gave rise to a judgment against a defendant for the same injury and the claimant failed to serve the relevant notice and trust claim material as required by Section 90.053, the trial court, on a defendant's or judgment debtor's motion and after reasonable notice to the parties, may impose an appropriate sanction, including setting aside the judgment and ordering a new trial.
(c)  This section may not be construed to require payment of a trust claim by an asbestos or silica trust before the MDL pretrial court remands the action for trial or before a judgment is rendered in the action.
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.055. Motion to Stay

Sec. 90.055.  MOTION TO STAY.  (a)  A defendant may file a motion requesting a stay of the proceedings under Section 90.057 on or before the later of:
(1)  the 60th day before the date trial in the action is set to commence;
(2)  the 15th day after the date the defendant first obtains asbestos- or silica-exposure information that could support an additional asbestos or silica trust claim by the claimant; or
(3)  a date provided by court order if the court entered an order under Section 90.052(b).
(b)  The motion described by Subsection (a) must include:
(1)  a list of asbestos or silica trusts not disclosed by the claimant against which the defendant in good faith believes the claimant may make a successful trust claim; and
(2)  information supporting the additional trust claim described by Subdivision (1), including information that may be used to meet the trust claim requirements of an asbestos or silica trust described by Subdivision (1).
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.056. Response to Motion to Stay

Sec. 90.056.  RESPONSE TO MOTION TO STAY.  (a)  Not later than the 14th day after the date the defendant files a motion to stay under Section 90.055 or the date provided by court order under Section 90.052(b), the claimant may file a response:
(1)  stating and providing proof that the claimant has made a trust claim identified in the defendant's motion and served the notice of, and trust claim material relating to, the claim as prescribed by Section 90.053; or
(2)  requesting a determination by the court that the fees and expenses, including attorney's fees, for filing a trust claim identified in the motion exceed the claimant's reasonably anticipated recovery from the trust.
(b)  If the claimant files a response making a request under Subsection (a)(2), the court shall determine whether the claimant's fees and expenses, including attorney's fees, for making the relevant trust claim exceed the claimant's reasonably anticipated recovery from the trust.  If the court determines that the claimant's fees and expenses exceed the claimant's reasonably anticipated recovery, the claimant is not required to make the trust claim but shall provide the court with a verified statement of the exposed person's exposure history to asbestos or silica that is covered by the trust.
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.057. Stay of Proceedings

Sec. 90.057.  STAY OF PROCEEDINGS.  (a) The court shall grant a motion to stay under Section 90.055 if the court determines the motion was timely filed and the claimant is likely to receive compensation from a trust identified by the motion. The stay shall continue until the claimant provides proof that the claimant has made the claim and served notice of, and trust claim material relating to, the claim as prescribed by Section 90.053.
(b)  The court may not stay the proceedings if, with respect to each trust claim identified in the motion:
(1)  the court determines that the claimant has satisfied the requirements of Section 90.053(a); or
(2)  the court makes a determination described by Section 90.052(d) or 90.056(b).
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 90 - Claims Involving Asbestos and Silica › Subchapter B. Asbestos or Silica Trust Claims › Section 90.058. Evidence of Trust Claims

Sec. 90.058.  EVIDENCE OF TRUST CLAIMS.  (a)  Trust claim material is presumed to be authentic, relevant, and discoverable in an action to which this subchapter applies.
(b)  Notwithstanding an agreement, including a confidentiality agreement, trust claim material is presumed to not be privileged in an action to which this subchapter applies.
(c)  This section may not be construed to affect the application of Section 33.003 to an action governed by this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91 - Liability of Volunteer Health Care Practitioners › Section 91.001. Definitions

Sec. 91.001.  DEFINITIONS.  In this chapter:
(1)  "Health care practitioner" means a person who is licensed:
(A)  to practice medicine under Subtitle B, Title 3, Occupations Code;
(B)  as a physician assistant under Chapter 204, Occupations Code;
(C)  as an advanced nurse practitioner under Chapter 301, Occupations Code;  or
(D)  as a chiropractor under Chapter 201, Occupations Code.
(2)  "School" means any private or public school offering academic instruction in any grade level from kindergarten through grade 12.
Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91 - Liability of Volunteer Health Care Practitioners › Section 91.002. Health Care Practitioner Liability

Sec. 91.002.  HEALTH CARE PRACTITIONER LIABILITY.  Subject to Section 91.003, a health care practitioner who, without compensation or expectation of compensation, conducts a physical examination or medical screening of a patient for the purpose of determining the physical health and fitness of the patient to participate in a school-sponsored extracurricular or sporting activity is immune from civil liability for any act or omission resulting in the death of or injury to the patient if:
(1)  the health care practitioner was acting in good faith and in the course and scope of the health care practitioner's duties;
(2)  the health care practitioner commits the act or omission in the course of conducting the physical examination or medical screening of the patient;
(3)  the services provided to the patient are within the scope of the license of the health care practitioner; and
(4)  before the health care practitioner conducts the physical examination or medical screening, the patient or, if the patient is a minor or is otherwise legally incompetent, the patient's parent, managing conservator, legal guardian, or other person with legal responsibility for the care of the patient signs a written statement that acknowledges:
(A)  that the health care practitioner is conducting a physical examination or medical screening that is not administered for or in expectation of compensation; and
(B)  the limitations on the recovery of damages from the health care practitioner in connection with the physical examination or medical screening being performed.
Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1099 (S.B. 1545), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91 - Liability of Volunteer Health Care Practitioners › Section 91.003. Insurance Required

Sec. 91.003.  INSURANCE REQUIRED.  (a)  Section 91.002 applies only to a health care practitioner who has liability insurance coverage in effect to cover any act or omission to which this chapter applies.  The health care practitioner's liability coverage must cover the acts or omissions of the health care practitioner and must be in the amount of at least $100,000 per person and $300,000 for each single occurrence of death or bodily injury and $100,000 for each single occurrence for injury to or destruction of property.
(b)  The coverage may be provided under a contract of insurance or other plan of insurance and may be satisfied by the purchase of a $300,000 bodily injury and property damage combined single-limit policy.
Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91 - Liability of Volunteer Health Care Practitioners › Section 91.004. Applicability

Sec. 91.004.  APPLICABILITY.  (a)  This chapter 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.
(b)  This chapter does not:
(1)  limit the liability of a school district to its students, teachers, or staff;  or
(2)  affect a school district's liability limits or immunities under Chapter 101.
(c)  This chapter does not apply to a governmental unit or employee of a governmental unit as defined by Section 101.001.
(d)  This chapter does not limit the liability of an insurer or insurance plan in an action under Chapter 21, Insurance Code, or in an action for bad faith conduct, breach of fiduciary duty, or negligent failure to settle a claim.
Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91A - Liability of Volunteer Audiologists and Speech-Language Pathologists › Section 91A.001. Definitions

Sec. 91A.001.  DEFINITIONS.  In this chapter:
(1)  "Audiologist" means an individual licensed to practice audiology by the Texas Department of Licensing and Regulation.
(2)  "Speech-language pathologist" means an individual licensed to practice speech-language pathology by the Texas Department of Licensing and Regulation.
Added by Acts 2009, 81st Leg., R.S., Ch. 658 (H.B. 1995), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 4.001, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91A - Liability of Volunteer Audiologists and Speech-Language Pathologists › Section 91A.002. Immunity From Liability

Sec. 91A.002.  IMMUNITY FROM LIABILITY.  An audiologist or speech-language pathologist who, without compensation or expectation of compensation, conducts a speech, language, or hearing evaluation or screening is immune from civil liability for any act or omission resulting in the death or injury to the patient if:
(1)  the audiologist or speech-language pathologist was acting in good faith and in the course and scope of the audiologist's or speech-language pathologist's duties;
(2)  the audiologist or speech-language pathologist commits the act or omission in the course of conducting the speech, language, or hearing examination or screening; and
(3)  the services provided to the patient are within the scope of the license of the audiologist or speech-language pathologist.
Added by Acts 2009, 81st Leg., R.S., Ch. 658 (H.B. 1995), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91A - Liability of Volunteer Audiologists and Speech-Language Pathologists › Section 91A.003. Applicability

Sec. 91A.003.  APPLICABILITY.  This chapter 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 658 (H.B. 1995), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91B - Liability of Volunteer Veterinary Practitioners › Section 91B.001. Definitions

Sec. 91B.001.  DEFINITIONS.  In this chapter, "certified veterinary assistant," "licensed veterinary technician," and "veterinarian" have the meanings assigned by Section 801.002, Occupations Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 827 (H.B. 2850), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91B - Liability of Volunteer Veterinary Practitioners › Section 91B.002. Immunity From Liability

Sec. 91B.002.  IMMUNITY FROM LIABILITY.  (a)  Except as provided by Section 91B.003, a certified veterinary assistant, licensed veterinary technician, or veterinarian who in good faith and as a volunteer provides veterinary care or treatment to an injured animal is immune from civil liability for an act or omission that occurs in providing that care or treatment if the care or treatment is provided:
(1)  in response to an incident that is a man-made or natural disaster that injures, endangers, or threatens to endanger the animal;
(2)  at the request of the owner of the animal or an authorized representative of a local, state, or federal agency, including a  fire department, a police department, an emergency management agency, or a disaster response agency; and
(3)  within the scope of practice authorized and level of supervision required under Chapter 801, Occupations Code.
(b)  This section does not apply to a certified veterinary assistant, licensed veterinary technician, or veterinarian giving veterinary care or treatment for or in expectation of compensation from or on behalf of the owner of the animal in excess of reimbursement for expenses incurred.
Added by Acts 2021, 87th Leg., R.S., Ch. 827 (H.B. 2850), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 91B - Liability of Volunteer Veterinary Practitioners › Section 91B.003. Applicability

Sec. 91B.003.  APPLICABILITY.  This chapter does not apply to an act or omission that is grossly negligent or intentional misconduct.
Added by Acts 2021, 87th Leg., R.S., Ch. 827 (H.B. 2850), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 92 - Limitation of Liability for Person Assisting Certain Animals › Section 92.001. Definitions

Sec. 92.001.  DEFINITIONS.  In this chapter:
(1)  "Animal control agency" means a municipal or county animal control office, or a state, county, or municipal law enforcement agency, that collects, impounds, or keeps stray, homeless, abandoned, or unwanted animals.
(2)  "Livestock animal" means an equine animal or an animal raised primarily for use as food for human consumption or to produce fiber for human use and includes horses, cattle, sheep, swine, goats, and poultry.
(3)  "Nonlivestock animal" means a service animal or an animal maintained as a pet in the home or on the property of the animal's owner and includes captured wildlife or an exotic animal maintained as a pet.  The term does not include a livestock animal.
(4)  "Running at large" means not under the control of the owner or handler while:
(A)  on the premises of another without the consent of the owner of the premises or any other person authorized to give consent; or
(B)  on a highway, a public road or street, or any other place open to the public generally.
(5)  "Service animal" has the meaning assigned by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
Added by Acts 2011, 82nd Leg., R.S., Ch. 530 (H.B. 2471), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 92 - Limitation of Liability for Person Assisting Certain Animals › Section 92.002. Limitation of Liability

Sec. 92.002.  LIMITATION OF LIABILITY.  (a) In this section, "emergency" includes:
(1)  a natural disaster, including an earthquake, fire, flood, or storm;
(2)  a hazardous chemical or substance incident; and
(3)  a vehicular collision with an animal or other transportation accident in which an animal is injured or is otherwise in need of assistance to protect the animal's health or life.
(b)  A person who in good faith and without compensation renders or obtains medical care or treatment for a nonlivestock animal that is injured or in distress because of an emergency, abandoned, running at large, or stray is not liable for civil damages for an injury to the animal resulting from an act or omission in rendering or obtaining the medical care or treatment, unless the person commits gross negligence, if:
(1)  the person first takes reasonable steps to locate the animal's owner by:
(A)  attempting to contact the animal's owner using the contact information located on the animal's identification tag, collar, or chip, if any, or taking other reasonable action to contact the owner; or
(B)  notifying an animal control agency with authority over the area where the person resides, or an animal control agency with authority over the area where the person took custody of the animal if that area lies outside of the municipality or county where the person resides, that the animal is in the person's custody and providing the animal control agency with the person's contact information; or
(2)  a veterinarian determines that the animal:
(A)  needs immediate medical treatment to alleviate pain or save the animal's life; or
(B)  exhibits visible signs of recent abuse as described by Section 42.092(b), Penal Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 530 (H.B. 2471), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 92 - Limitation of Liability for Person Assisting Certain Animals › Section 92.003. Limitation of Liability for Animal Control Agencies and Certain Employees

Sec. 92.003.  LIMITATION OF LIABILITY FOR ANIMAL CONTROL AGENCIES AND CERTAIN EMPLOYEES.  An animal control agency or an employee of an animal control agency acting within the scope of the person's employment that in good faith takes into custody and cares for a nonlivestock animal that is abandoned, running at large, or stray is not liable for civil damages for an injury to the animal arising from an act or omission in caring for the animal, except in a case of gross negligence, if the animal control agency obtains custody of the animal from a person not affiliated with the animal control agency and that person certifies in writing that the person has taken reasonable steps to locate the owner as provided by Section 92.002.
Added by Acts 2011, 82nd Leg., R.S., Ch. 530 (H.B. 2471), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 92 - Limitation of Liability for Person Assisting Certain Animals › Section 92.004. Effect on Other Law

Sec. 92.004.  EFFECT ON OTHER LAW.  (a)  This chapter does not limit the application of or supersede Section 822.013, Health and Safety Code, or Section 801.358, Occupations Code.
(b)  This chapter does not create any civil liability or waive any defense, immunity, or jurisdictional bar available under state law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 530 (H.B. 2471), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 92A - Limitation of Liability for Removing Certain Individuals From Motor Vehicle › Section 92A.001. Definitions

Sec. 92A.001.  DEFINITIONS.  In this chapter:
(1)  "Motor vehicle" means a vehicle that is self-propelled or a trailer or semitrailer designed for use with a self-propelled vehicle.
(2)  "Vulnerable individual" means:
(A)  a child younger than seven years of age; or
(B)  an individual who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the individual's self from harm.
Added by Acts 2017, 85th Leg., R.S., Ch. 694 (H.B. 478), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 92A - Limitation of Liability for Removing Certain Individuals From Motor Vehicle › Section 92A.002. Limitation of Liability

Sec. 92A.002.  LIMITATION OF LIABILITY.  A person who, by force or otherwise, enters a motor vehicle for the purpose of removing a vulnerable individual from the vehicle is immune from civil liability for damages resulting from that entry or removal if the person:
(1)  determines that:
(A)  the motor vehicle is locked; or
(B)  there is no reasonable method for the individual to exit the motor vehicle without assistance;
(2)  has a good faith and reasonable belief, based on known circumstances, that entry into the motor vehicle is necessary to avoid imminent harm to the individual;
(3)  before entering the motor vehicle, ensures that law enforcement is notified or 911 is called if the person is not a law enforcement officer or other first responder;
(4)  uses no more force to enter the motor vehicle and remove the individual than is necessary; and
(5)  remains with the individual in a safe location that is in reasonable proximity to the motor vehicle until a law enforcement officer or other first responder arrives.
Added by Acts 2017, 85th Leg., R.S., Ch. 694 (H.B. 478), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 92A - Limitation of Liability for Removing Certain Individuals From Motor Vehicle › Section 92A.003. Effect on Other Laws

Sec. 92A.003.  EFFECT ON OTHER LAWS.  This chapter does not affect limitation under Section 74.151 or 74.152 of a person's liability for good faith administration of emergency care.
Added by Acts 2017, 85th Leg., R.S., Ch. 694 (H.B. 478), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 93 - Assumption of the Risk and Certain Other Affirmative Defenses › Section 93.001. Assumption of the Risk: Affirmative Defense

Sec. 93.001.  ASSUMPTION OF THE RISK:  AFFIRMATIVE DEFENSE.  (a)  It is an affirmative defense to a civil action for damages for personal injury or death that the plaintiff, at the time the cause of action arose, was:
(1)  committing a felony, for which the plaintiff has been finally convicted, that was the sole cause of the damages sustained by the plaintiff;  or
(2)  committing or attempting to commit suicide, and the plaintiff's conduct in committing or attempting to commit suicide was the sole cause of the damages sustained;  provided, however, if the suicide or attempted suicide was caused in whole or in part by a failure on the part of any defendant to comply with an applicable legal standard, then such suicide or attempted suicide shall not be a defense.
(b)  This section does not apply in any action brought by an employee, or the surviving beneficiaries of an employee, under the Workers' Compensation Law of Texas, or in an action against an insurer based on a contract of insurance, a statute, or common law.
(c)  In an action to which this section applies, this section shall prevail over any other law.
Added by Acts 1987, 70th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 437, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 93 - Assumption of the Risk and Certain Other Affirmative Defenses › Section 93.002. Dry Fire Hydrants: Affirmative Defense

Sec. 93.002.  DRY FIRE HYDRANTS:  AFFIRMATIVE DEFENSE.  (a)  It is an affirmative defense to a civil action for damages brought against a defendant who is an owner, lessee, or occupant of real property who permits a fire-fighting agency to connect a dry fire hydrant to a source of water on the property or to install a dry fire hydrant on the property that the damages arise from:
(1)  the condition or use of the dry fire hydrant;
(2)  the installation or maintenance of the dry fire hydrant;  or
(3)  the failure of the water source to contain an adequate supply of water during a fire.
(b)  This section does not apply to:
(1)  an action for damages arising from an act or omission of the owner, lessee, or occupant of real property that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others;  or
(2)  an action for damages arising from a condition of the real property on which the dry fire hydrant is located.
(c)  In this section:
(1)  "Dry fire hydrant" means a fire hydrant that is connected to a stock tank, pond, or other similar source of water from which water is pumped in case of fire.
(2)  "Fire-fighting agency" means any entity that provides fire-fighting services, including:
(A)  a volunteer fire department;  and
(B)  a political subdivision of this state authorized to provide fire-fighting services.
Added by Acts 1997, 75th Leg., ch. 437, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 94 - Liability of Sports Officials and Organizations › Section 94.001. Definitions

Sec. 94.001.  DEFINITIONS.  In this chapter:
(1)  "Athletic competition" means any competitive group or solo sporting activity and includes:
(A)  football, baseball, soccer, basketball, hockey, swimming, track, wrestling, bike or foot races, triathlon, equestrian competitions, golf, marksmanship competitions, darts, billiards, Frisbee golf, fishing tournaments, car racing, and any similar activity that involves any aspect of physical competition, coordination, endurance, or stamina; and
(B)  a rodeo, livestock show, or related event or competition.
(2)  "Sponsoring organization" means the individual, club, association, or entity that undertakes to organize, underwrite, sanction, or promote:
(A)  an interscholastic, intercollegiate, or other organized amateur athletic competition; or
(B)  any rodeo, livestock show, or related event or competition.
(3)  "Sports official" means a person who officiates, judges, or in any manner enforces contest rules in any official capacity with respect to:
(A)  an interscholastic, intercollegiate, or other organized amateur athletic competition and includes a referee, umpire, linesman, side judge, track or field marshal, timekeeper, or scorekeeper or any other person involved in supervising competitive play; or
(B)  any rodeo, livestock show, or related event or competition.
Added by Acts 2015, 84th Leg., R.S., Ch. 348 (H.B. 1040), Sec. 1, eff. June 9, 2015.