Tex. Civ. Prac. & Rem. Code § 74.151 · Subchapter D. EMERGENCY CARE
LIABILITY FOR EMERGENCY CARE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who:
(1) administers emergency care using an automated external defibrillator; or
(2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
(b) This section does not apply to care administered:
(1) for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration; or
(2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.
(c), (d) Deleted by Acts 2003, 78th Leg., ch. 204, Sec. 10.01.
(e) Except as provided by this subsection, this section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered. This subsection does not apply to liability of a school district or district school officer or employee arising from an act or omission under a program or practice or procedure developed under Subchapter G, Chapter 38, Education Code, other than liability arising from wilful or intentional misconduct.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 960, Sec. 1, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 679, Sec. 2, eff. Sept. 1, 1999. Renumbered from Sec. 74.001 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 705 (H.B. 2117), Sec. 1, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 3.01, eff. December 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
- Text hash
- sha256 2f47cb228840661f0f0dc8b52183a7c804c540ad9996d70078ac1dc465c20d96
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 7 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 74.151. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
Education Code
- Tex. Educ. Code § 38.017AVAILABILITY OF AUTOMATED EXTERNAL DEFIBRILLATOR.Printed as Section 74.151, Civil Practice and Remedies Code
- Tex. Educ. Code § 38.0171AVAILABILITY OF AIRWAY CLEARANCE DEVICE.Printed as Section 74.151, Civil Practice and Remedies Code
- Tex. Educ. Code § 38.159IMMUNITY.Printed as Section 74.151, Civil Practice and Remedies Code
- Tex. Educ. Code § 38.352IMMUNITY.Printed as Section 74.151, Civil Practice and Remedies Code
Health and Safety Code
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