AUSTIN – Guarding businesses and the medical community against frivolous lawsuits alleging COVID-19 exposure is apparently not a priority for the Texas GOP, as the party leader is voicing opposition to bills offering virus liability protections.
Since the start of the year, Gov. Greg Abbott has pushed for a COVID-19 liability protections bill.
Senate Bill 6 and House Bill 3659 provide virus liability protections for health care providers, businesses, religious institutions, non-profits and schools that follow safety protocols.
Starting today, SB 6 is eligible for a vote.
This morning, the Texas GOP issued a statement opposing SB 6 and HB 3659, contending the two bills fail to “adequately fortify the rule of law” and allow “bureaucratic overreach to trample the rights of individuals, businesses and other community organizations.”
Here’s what GOP Chairman Allen West had to say about the bills: “It is imperative that we protect our private sector businesses from frivolous lawsuits. But, last year’s COVID experience also teaches us that we must protect our businesses from unconstitutional executive overreach by way of edicts, mandates, decrees, and orders.”
Since the introduction of the bills, numerous business groups have come out in support of SB 6 and HB 3659.
And of course, not all Republicans feel the way West does.
Mark McCaig, a Houston attorney and Chairman of the Texas Republican Initiative, says West acted “unilaterally” and without guidance from the State Republican Executive Committee.
“It is unconscionable that Chairman West would align himself with labor unions and other far-left interests against Texas small businesses in order to deceive Texas Republicans in furtherance of his personal political ambitions,” McCaig said. "This legislation is supported by a broad array of Texas businesses and trade groups. If passed, Senate Bill 6 will provide Texas businesses, especially struggling small businesses, with vital protections against frivolous lawsuits.
“This legislation, authored by some of the strongest conservatives in the Texas Senate, does not in any way create any new liability for Texas businesses or erode essential liberties.”
And it’s not just businesses that support SB 6.
Earlier this week, a collation of medical providers sent out a letter urging support for SB 6, as the bill provides targeted and temporary liability protections for health care workers and facilities that make good faith efforts to provide appropriate medical care.
“SB 6 does not provide blanket immunity,” the letter states. “It does not protect bad actors who are reckless, or who engage in intentional, willful, or wanton misconduct. It does not prevent an aggrieved family from filing suit. Defendants must prove that the pandemic actually caused the incident for which they are being sued.
“The granting of limited liability protection acknowledges the dangerous environment, their unique circumstances, and the severe constraints health care workers face while confronting a new and unusually complex disease.”
Seven groups signed the letter, including the Texas Medical Association and Texas Alliance for Patient Access.