Texas Civil Practice and Remedies Code 84.004 – Volunteer Liability
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(a) Except as provided by Subsection (d) and § 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(b) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 18.03(2).
Terms Used In Texas Civil Practice and Remedies Code 84.004
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Except as provided by Subsection (d) and § 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.