HBA-ATS H.B. 2933 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2933 By: Christian Civil Practices 4/26/1999 Introduced BACKGROUND AND PURPOSE In the early 1990s, churches throughout America were involved in many malpractice suits. Most claims against the clergy were based on "negligence," "breach of liability," and "negligent infliction of emotional distress." Other, less common claims included claims for marital counseling that did not prevent divorce and for drug counseling that did not prevent suicide. Church administrators sought to limit the liability of their clergy by instituting official policies to regulate the relationship between clergy and parishioners. The result has been a restriction on the range of services offered by the clergy to their parishioners. For example, the number of counseling sessions are often limited to no more than two, intimate conversations between parioshioners and clergy are often observed by third-parties, and conversations are limited to the sole topic of religion. Such measures may frustrate parishioners who rely on the free advice of their local clergy member. H.B. 2933 provides that a clergy member (member) is immune from civil liability for any act or omission resulting in death, damage, or injury if the death, damage, or injury results from religious, moral, and spiritual counseling, teaching, or instruction or other counseling, teaching, or instruction, such as marital counseling, performed in the course and scope of the member's duties as a member and the member was acting in good faith in providing that counseling, teaching, or instruction. However, a member is liable to a person for death, damage, or injury to the person or the person's property proximately caused by any act or omission arising from the operation or use of motor-driven equipment, including an airplane, to the extent insurance coverage is required by Chapter 601 (Motor Vehicle Safety Responsibility Act), Transportation Code, and to the extent of any existing insurance coverage applicable to the act or omission. In addition, a member does not enjoy immunity from liability for an act or omission that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others, and for a claim made under Chapter 81 (Sexual Exploitation by Mental Health Services Provider). 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 Chapter 84, Civil Practice and Remedies Code, by adding Subchapter B, as follows: SUBCHAPTER B. LIABILITY OF CLERGY MEMBER Sec. 84.051. DEFINITIONS. Defines "clergy member" and "good faith." Sec. 84.052. CLERGY MEMBER LIABILITY. (a) Provides that a clergy member (member) is immune from civil liability, except as provided by Subsection (b) and Section 84.053, for any act or omission resulting in death, damage, or injury if the death, damage, or injury results from religious, moral, and spiritual counseling, teaching, or instruction or other counseling, teaching, or instruction, such as marital counseling, performed in the course and scope of the member's duties as a member and the member was acting in good faith in providing that counseling, teaching, or instruction. (b) Provides that a member is liable to a person for death, damage, or injury to the person or the person's property proximately caused by any act or omission arising from the operation or use of motor-driven equipment, including an airplane, to the extent insurance coverage is required by Chapter 601 (Motor Vehicle Safety Responsibility Act), Transportation Code, and to the extent of any existing insurance coverage applicable to the act or omission. Sec. 84.053. APPLICABILITY. Provides that this subchapter 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, and does not apply to a claim made under Chapter 81 (Sexual Exploitation by Mental Health Services Provider). SECTION 2. Redesignates Sections 84.001-84.008, Civil Practice and Remedies Code, to Subchapter A, Chapter 84, Civil Practice and Remedies Code. Adds a new subchapter heading, as follows: SUBCHAPTER A. CHARITABLE IMMUNITY AND LIABILITY ACT SECTION 3. Amends Sections 84.001 and 84.003, Civil Practice and Remedies Code, to make conforming changes. SECTION 4. Amends Sections 84.007(a), (b), (c), (d), (f), and (g), Civil Practice and Remedies Code, to make conforming changes. SECTION 5. Amends Section 84.008, Civil Practice and Remedies Code, to make conforming changes. SECTION 6. Effective date: September 1, 1999. SECTION 7. Makes application of this Act prospective. SECTION 8. Emergency clause.