{"id":"DUT-TX-014","kind":"duty","level":"state","jurisdiction":"Texas","state":"TX","metro":"","industry":"","agency":"","eco":"","issuer":"Texas Legislature (87th Leg., R.S.), Senate Bill 6, signed by Governor Abbott","authority":"Tex. Const. art. III, § 39 (immediate effect on two-thirds vote); enacting Tex. Civ. Prac. \u0026 Rem. Code ch. 148 and § 74.155","instrument":"Senate Bill 6, Pandemic Liability Protection Act (Act of June 14, 2021, 87th Leg., R.S., ch. 528)","title":"An Act relating to liability for certain claims arising during a pandemic or disaster related to a pandemic","dateIssued":"2021-06-14","effective":"2021-06-14, applicable to every action commenced on or after 2020-03-13","end":"standing (applies during a \u0027pandemic emergency,\u0027 defined by the Governor\u0027s disaster declaration)","startDate":"2021-06-14","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP","COND"],"addressees":["employers; owners or persons in control of premises; specified businesses; physicians, health care providers and first responders (§ 74.155); educational institutions (§ 148.004)"],"clause":"SECTION 5. (a) Section 74.155 and Chapter 148, Civil Practice and Remedies Code, as added by this Act, apply only to an action commenced on or after March 13, 2020, for which a judgment has not become final before the effective date of this Act.","enforcement":"Loss of the shield: liability for injury or death from exposure where the claimant proves knowing failure to implement or comply with applicable governmental standards, guidance or protocols and causation","functions":[],"notes":"The Legislature applied the liability shield and its compliance condition (Ex. DUT-TX-015) retroactively to every exposure claim arising from March 13, 2020 forward, so that for the entire claim period a Texas business\u0027s protection from suit turned on whether it implemented and complied with the \u0027government-promulgated standards, guidance, or protocols\u0027 applicable to it; the bill\u0027s Section 4 findings recite the Legislature\u0027s purpose of protecting \u0027businesses, nonprofit entities, and others whose daily lives have been upended by the emergency.\u0027","sourceUrl":"https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00006F.pdf","snapshot":"","fileExists":true,"fileBytes":163658,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-TX","url":"/library/DUT-TX-014","exhibitUrl":"/exhibit/DUT-TX-014","citation":"Texas Legislature (87th Leg., R.S.), Senate Bill 6, signed by Governor Abbott, Senate Bill 6, Pandemic Liability Protection Act (Act of June 14, 2021, 87th Leg., R.S., ch. 528) (standing) (Ex. DUT-TX-014)","stateName":"Texas","related":["DUT-TX-015"]}