CHAPTER 84. CHARITABLE IMMUNITY AND LIABILITY
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 84. CHARITABLE IMMUNITY AND LIABILITY
Sec. 84.001. NAME OF ACT. This Act may be cited as the
Charitable Immunity and Liability Act of 1987.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987.
Sec. 84.002. FINDINGS AND PURPOSES. The Legislature of the
State of Texas finds that:
(1) robust, active, bona fide, and well-supported charitable
organizations are needed within Texas to perform essential and
needed services;
(2) the willingness of volunteers to offer their services to
these organizations is deterred by the perception of personal
liability arising out of the services rendered to these
organizations;
(3) because of these concerns over personal liability,
volunteers are withdrawing from services in all capacities;
(4) these same organizations have a further problem in obtaining
and affording liability insurance for the organization and its
employees and volunteers;
(5) these problems combine to diminish the services being
provided to Texas and local communities because of higher costs
and fewer programs;
(6) the citizens of this state have an overriding interest in
the continued and increased delivery of these services that must
be balanced with other policy considerations; and
(7) because of the above conditions and policy considerations,
it is the purpose of this Act to reduce the liability exposure
and insurance costs of these organizations and their employees
and volunteers in order to encourage volunteer services and
maximize the resources devoted to delivering these services.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987.
Sec. 84.003. DEFINITIONS. In this chapter:
(1) "Charitable organization" means:
(A) any organization exempt from federal income tax under
Section 501(a) of the Internal Revenue Code of 1986 by being
listed as an exempt organization in Section 501(c)(3) or
501(c)(4) of the code, if it is a nonprofit corporation,
foundation, community chest, or fund organized and operated
exclusively for charitable, religious, prevention of cruelty to
children or animals, youth sports and youth recreational,
neighborhood crime prevention or patrol, fire protection or
prevention, emergency medical or hazardous material response
services, or educational purposes, including private primary or
secondary schools if accredited by a member association of the
Texas Private School Accreditation Commission but excluding
fraternities, sororities, and secret societies, or is organized
and operated exclusively for the promotion of social welfare by
being primarily engaged in promoting the common good and general
welfare of the people in a community;
(B) any bona fide charitable, religious, prevention of cruelty
to children or animals, youth sports and youth recreational,
neighborhood crime prevention or patrol, or educational
organization, excluding fraternities, sororities, and secret
societies, or other organization organized and operated
exclusively for the promotion of social welfare by being
primarily engaged in promoting the common good and general
welfare of the people in a community, and that:
(i) is organized and operated exclusively for one or more of the
above purposes;
(ii) does not engage in activities which in themselves are not
in furtherance of the purpose or purposes;
(iii) does not directly or indirectly participate or intervene
in any political campaign on behalf of or in opposition to any
candidate for public office;
(iv) dedicates its assets to achieving the stated purpose or
purposes of the organization;
(v) does not allow any part of its net assets on dissolution of
the organization to inure to the benefit of any group,
shareholder, or individual; and
(vi) normally receives more than one-third of its support in any
year from private or public gifts, grants, contributions, or
membership fees;
(C) a homeowners association as defined by Section 528(c) of the
Internal Revenue Code of 1986 or which is exempt from federal
income tax under Section 501(a) of the Internal Revenue Code of
1986 by being listed as an exempt organization in Section
501(c)(4) of the code;
(D) a volunteer center, as that term is defined by Section
411.126, Government Code; or
(E) a local chamber of commerce that:
(i) is exempt from federal income tax under Section 501(a) of
the Internal Revenue Code of 1986 by being listed as an exempt
organization in Section 501(c)(6) of the code;
(ii) does not directly or indirectly participate or intervene in
any political campaign on behalf of or in opposition to any
candidate for public office; and
(iii) does not directly or indirectly contribute to a political
action committee that makes expenditures to any candidates for
public office.
(2) "Volunteer" means a person rendering services for or on
behalf of a charitable organization who does not receive
compensation in excess of reimbursement for expenses incurred.
The term includes a person serving as a director, officer,
trustee, or direct service volunteer, including a volunteer
health care provider.
(3) "Employee" means any person, including an officer or
director, who is in the paid service of a charitable
organization, but does not include an independent contractor.
(4) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 18.03(1).
(5) "Volunteer health care provider" means an individual who
voluntarily provides health care services without compensation or
expectation of compensation and who is:
(A) an individual who is licensed to practice medicine under
Subtitle B, Title 3, Occupations Code;
(B) a retired physician who is eligible to provide health care
services, including a retired physician who is licensed but
exempt from paying the required annual registration fee under
Section 156.002, Occupations Code;
(C) a physician assistant licensed under Chapter 204,
Occupations Code, or a retired physician assistant who is
eligible to provide health care services under the law of this
state;
(D) a registered nurse, including an advanced nurse
practitioner, or vocational nurse, licensed under Chapter 301,
Occupations Code, or a retired vocational nurse or registered
nurse, including a retired advanced nurse practitioner, who is
eligible to provide health care services under the law of this
state;
(E) a pharmacist licensed under Subtitle J, Title 3, Occupations
Code, or a retired pharmacist who is eligible to provide health
care services under the law of this state;
(F) a podiatrist licensed under Chapter 202, Occupations Code,
or a retired podiatrist who is eligible to provide health care
services under the law of this state;
(G) a dentist licensed under Subtitle D, Title 3, Occupations
Code, or a retired dentist who is eligible to provide health care
services under the law of this state;
(H) a dental hygienist licensed under Subtitle D, Title 3,
Occupations Code, or a retired dental hygienist who is eligible
to provide health care services under the law of this state;
(I) an optometrist or therapeutic optometrist licensed under
Chapter 351, Occupations Code, or a retired optometrist or
therapeutic optometrist who is eligible to provide health care
services under the law of this state;
(J) a physical therapist or physical therapist assistant
licensed under Chapter 453, Occupations Code, or a retired
physical therapist or physical therapist assistant who is
eligible to provide health care services under the law of this
state;
(K) an occupational therapist or occupational therapy assistant
licensed under Chapter 454, Occupations Code, or a retired
occupational therapist or occupational therapy assistant who is
eligible to provide health care services under the law of this
state; or
(L) an audiologist, assistant in audiology, speech-language
pathologist, or assistant in speech-language pathology licensed
under Chapter 401, Occupations Code, or a retired audiologist,
assistant in audiology, speech-language pathologist, or assistant
in speech-language pathology who is eligible to provide health
care services under the laws of this state.
(6) "Hospital system" means a system of hospitals and other
health care providers located in this state that are under the
common governance or control of a corporate parent.
(7) "Person responsible for the patient" means:
(A) the patient's parent, managing conservator, or guardian;
(B) the patient's grandparent;
(C) the patient's adult brother or sister;
(D) another adult who has actual care, control, and possession
of the patient and has written authorization to consent for the
patient from the parent, managing conservator, or guardian of the
patient;
(E) an educational institution in which the patient is enrolled
that has written authorization to consent for the patient from
the parent, managing conservator, or guardian of the patient; or
(F) any other person with legal responsibility for the care of
the patient.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 634, Sec. 1, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 403, Sec. 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 400, Sec. 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 77, Sec. 1, eff. May 14, 2001;
Acts 2001, 77th Leg., ch. 538, Sec. 1, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, Sec. 14.732, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 93, Sec. 1, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 204, Sec. 10.02, 10.03, 10.04, 18.03(1) eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 553, Sec. 2.001, eff. Feb. 1,
2004; Acts 2003, 78th Leg., ch. 895, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
239, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
791, Sec. 1, eff. September 1, 2009.
Sec. 84.004. VOLUNTEER LIABILITY. (a) Except as provided by
Subsection (d) and Section 84.007, a volunteer of a charitable
organization is immune from civil liability for any act or
omission resulting in death, damage, or injury if the volunteer
was acting in the course and scope of the volunteer's duties or
functions, including as an officer, director, or trustee within
the organization.
(b) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 18.03(2).
(c) Except as provided by Subsection (d) and Section 84.007, a
volunteer health care provider who is serving as a direct service
volunteer of a charitable organization is immune from civil
liability for any act or omission resulting in death, damage, or
injury to a patient if:
(1) the volunteer commits the act or omission in the course of
providing health care services to the patient;
(2) the services provided are within the scope of the license of
the volunteer; and
(3) before the volunteer provides health care services, the
patient or, if the patient is a minor or is otherwise legally
incompetent, the person responsible for the patient signs a
written statement that acknowledges:
(A) that the volunteer is providing care that is not
administered for or in expectation of compensation; and
(B) the limitations on the recovery of damages from the
volunteer in exchange for receiving the health care services.
(d) A volunteer of a charitable organization is liable to a
person for death, damage, or injury to the person or his property
proximately caused by any act or omission arising from the
operation or use of any motor-driven equipment, including an
airplane, to the extent insurance coverage is required by Chapter
601, Transportation Code, and to the extent of any existing
insurance coverage applicable to the act or omission.
(e) The provisions of this section apply only to the liability
of volunteers and do not apply to the liability of the
organization for acts or omissions of volunteers.
(f) Subsection (c) applies even if:
(1) the patient is incapacitated due to illness or injury and
cannot sign the acknowledgment statement required by that
subsection; or
(2) the patient is a minor or is otherwise legally incompetent
and the person responsible for the patient is not reasonably
available to sign the acknowledgment statement required by that
subsection.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.179, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 400, Sec. 2, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 204, Sec. 10.05, 18.01,
18.03(2), eff. Sept. 1, 2003.
Sec. 84.005. EMPLOYEE LIABILITY. Except as provided in Section
84.007 of this Act, in any civil action brought against an
employee of a nonhospital charitable organization for damages
based on an act or omission by the person in the course and scope
of the person's employment, the liability of the employee is
limited to money damages in a maximum amount of $500,000 for each
person and $1,000,000 for each single occurrence of bodily injury
or death and $100,000 for each single occurrence for injury to or
destruction of property.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987.
Sec. 84.006. ORGANIZATION LIABILITY. Except as provided in
Section 84.007 of this Act, in any civil action brought against a
nonhospital charitable organization for damages based on an act
or omission by the organization or its employees or volunteers,
the liability of the organization is limited to money damages in
a maximum amount of $500,000 for each person and $1,000,000 for
each single occurrence of bodily injury or death and $100,000 for
each single occurrence for injury to or destruction of property.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987.
Sec. 84.0061. ORGANIZATIONAL LIABILITY FOR TRANSPORTATION
SERVICES PROVIDED TO CERTAIN WELFARE RECIPIENTS. (a) In this
section, "religious charitable organization" means a charitable
organization that is also a "religious organization" as the term
is defined by Section 464.051, Health and Safety Code.
(b) Subject to Subsection (e), a religious charitable
organization that owns or leases a motor vehicle is not liable
for damages arising from the negligent use of the vehicle by a
person to whom the organization has entrusted the vehicle to
provide transportation services during the provision of those
services described by Subsection (c) to a person who:
(1) is a recipient of:
(A) financial assistance under Chapter 31, Human Resources Code;
or
(B) nutritional assistance under Chapter 33, Human Resources
Code; and
(2) is participating in or applying to participate in:
(A) a work or employment activity under Chapter 31, Human
Resources Code; or
(B) the food stamp employment and training program.
(c) Transportation services include transportation to and from
the location of the:
(1) work, employment, or any training activity or program; or
(2) provider of any child-care services necessary for a person
described by Subsection (b)(1) to participate in the work,
employment, or training activity or program.
(d) Except as expressly provided in Subsection (b), this section
does not limit, or in any way affect or diminish, other legal
duties or causes of action arising from the use of a motor
vehicle, including the condition of the vehicle itself and causes
of action arising under Chapter 41.
(e) This section does not apply to any claim arising from
injury, death, or property damage in which the operator of the
vehicle was intoxicated, as the term is defined in Section 49.01,
Penal Code.
Added by Acts 2001, 77th Leg., ch. 991, Sec. 1, eff. June 15,
2001.
Sec. 84.0065. ORGANIZATION LIABILITY OF HOSPITALS. (a) Except
as provided by Section 84.007, in any civil action brought
against a hospital or hospital system, or its employees,
officers, directors, or volunteers, for damages based on an act
or omission by the hospital or hospital system, or its employees,
officers, directors, or volunteers, the liability of the hospital
or hospital system is limited to money damages in a maximum
amount of $500,000 for any act or omission resulting in death,
damage, or injury to a patient if the patient or, if the patient
is a minor or is otherwise legally incompetent, the person
responsible for the patient signs a written statement that
acknowledges:
(1) that the hospital is providing care that is not administered
for or in expectation of compensation; and
(2) the limitations on the recovery of damages from the hospital
in exchange for receiving the health care services.
(b) Subsection (a) applies even if:
(1) the patient is incapacitated due to illness or injury and
cannot sign the acknowledgment statement required by that
subsection; or
(2) the patient is a minor or is otherwise legally incompetent
and the person responsible for the patient is not reasonably
available to sign the acknowledgment statement required by that
subsection.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.06, eff. Sept. 1,
2003.
Sec. 84.007. APPLICABILITY. (a) This chapter does not apply to
an act or omission that is intentional, wilfully negligent, or
done with conscious indifference or reckless disregard for the
safety of others.
(b) This chapter does not limit or modify the duties or
liabilities of a member of the board of directors or an officer
to the organization or its members and shareholders.
(c) This chapter does not limit the liability of an organization
or its employees or volunteers if the organization was formed
substantially to limit its liability under this chapter.
(d) This chapter does not apply to organizations formed to
dispose, remove, or store hazardous waste, industrial solid
waste, radioactive waste, municipal solid waste, garbage, or
sludge as those terms are defined under applicable state and
federal law. This subsection shall be liberally construed to
effectuate its purpose.
(e) Sections 84.005 and 84.006 of this chapter do not apply to a
health care provider as defined in Section 74.001, unless the
provider is a federally funded migrant or community health center
under the Public Health Service Act (42 U.S.C.A. Sections 254b
and 254c) or is a nonprofit health maintenance organization
created and operated by a community center under Section 534.101,
Health and Safety Code, or unless the provider usually provides
discounted services at or below costs based on the ability of the
beneficiary to pay. Acceptance of Medicare or Medicaid payments
will not disqualify a health care provider under this section.
In no event shall Sections 84.005 and 84.006 of this chapter
apply to a general hospital or special hospital as defined in
Chapter 241, Health and Safety Code, or a facility or institution
licensed under Subtitle C, Title 7, Health and Safety Code, or
Chapter 242, Health and Safety Code, or to any health maintenance
organization created and operating under Chapter 843, Insurance
Code, except for a nonprofit health maintenance organization
created under Section 534.101, Health and Safety Code.
(f) This chapter does not apply to a governmental unit or
employee of a governmental unit as defined in the Texas Tort
Claims Act (Subchapter A, Chapter 101, Civil Practice and
Remedies Code).
(g) Sections 84.005 and 84.006 of this Act do not apply to any
charitable organization that does not have liability insurance
coverage in effect on any act or omission to which this chapter
applies. The coverage shall apply to the acts or omissions of the
organization and its employees and volunteers and be in the
amount of at least $500,000 for each person and $1,000,000 for
each single occurrence for death or bodily injury and $100,000
for each single occurrence for injury to or destruction of
property. The coverage may be provided under a contract of
insurance or other plan of insurance authorized by statute and
may be satisfied by the purchase of a $1,000,000 bodily injury
and property damage combined single limit policy. Nothing in this
chapter shall limit liability of any 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.
(h) This chapter does not apply to:
(1) a statewide trade association that represents local chambers
of commerce; or
(2) a cosponsor of an event or activity with a local chamber of
commerce unless the cosponsor is a charitable organization under
this chapter.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(14),
(20), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 76, Sec. 6,
eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 835, Sec. 3, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1297, Sec. 1, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 93, Sec. 2, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 204, Sec. 18.02, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.507, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
133, Sec. 1, eff. September 1, 2005.
Sec. 84.008. SEVERABILITY. If any clause or provision of this
chapter or its application to any person or organization is held
unconstitutional, such invalidity does not affect other clauses,
provisions, or applications of this chapter that can be given
effect without the invalid clause or provision and shall not
affect or nullify the remainder of the Act or any other clause or
provision, but the effect shall be confined to the clause or
provision held to be invalid or unconstitutional and to this end
the Act is declared to be severable.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1,
1987.