AUSTIN – The Senate Business & Commerce Committee held a hearing on the Pandemic Liability Protection Act today, during which the bill’s author, Sen. Kelly Hancock, assured all who were present that “bad actors” won’t be protected from litigation.
Senate Bill 6 seeks to provide COVID-19 liability protections for health care providers, businesses, non-profits, religious institutions and schools that follow safety protocols.
However, the litigation safeguards offered by the bill aren’t just for the current pandemic, as the bill lays the groundwork for all future pandemics – a necessity if Texas is to remain a leading economic power in the world, according to Lee Parsley, general counsel for Texans for Lawsuit Reform.
Parsley told committee members that SB 6 not only protects frontline workers in a time of need, but is also the right policy needed to bring workers and customers back to their stores.
During the hearing, opponents of the bill argued the act might give a free pass to negligent caregivers, possibly even excusing nursing homes that neglected the elderly throughout the crisis.
Proponents, however, reasoned that health care providers should not be held liable for a standard of care that is currently undeterminable.
Attorney Jay Harvey, a past Texas Trial Lawyers Association president, expressed concerns the bill was “too broad” in its protections.
“We do need to protect against frivolous lawsuits,” Harvey said. “However, are we going to throw out the baby with the bathwater?”
Jim Perdue, who took a moment to remind everyone he was the current TTLA president, told the committee the association was “neutral” on the bill and “blessed” for the opportunity to work on the legislation.
“We remain invested,” he added.
To his knowledge, Perdue said there have been a total of 679 COVID-related lawsuits filed in Texas.
George Christian, senior counsel for Texas Civil Justice League, spent his time testifying on how a potential defendant would be liable under the act, saying that a business would still be liable if it knew it had a problem but didn’t act to correct the issue.
For example, if a manufacture of protective facemasks disregarded protocols and knowingly released a bad product into the world, that business would be liable, Christian said.
Committee members spent a good portion of the hearing listening to testimony on how SB 6 was “critical” for businesses across the state.
“This legislation is critically important … to get workers back to work … not protect bad actors,” testified Glenn Hamer, CEO of the Texas Association of Business. “This bill is a critical ingredient to the Texas economy.”
The COVID-19 shutdown has had devastating consequences for most businesses. And while a vaccine has given some hope, the threat of lawsuits still looms, testified Richard Perez, president of the San Antonio Chamber of Commerce.
Perez said SB 6 would make sure that only businesses following applicable safety guidelines would have liability protection.
“We are not trying to close the door,” he added.
SB 6 was left pending.