HB 1358 Establishes the True COVID Liability Act

     Handler: Eigel

Current Bill Summary

- Prepared by Senate Research -

SCS/HCS/HB 1358 - This act establishes the "True COVID Liability Act". Under this act, the state or any political subdivision thereof shall not, as a response to a contagious disease, quarantine an individual, issue a stay-at-home order for an individual, or isolate an individual if a contagious disease has not been positively identified in the individual. This provision shall not apply to individuals lawfully incarcerated by the state or a political subdivision. Additionally, the state or political subdivision shall not limit the use of lawful activities in any private property or premises in which extraordinary prevalence of a contagious disease has not been proven. Finally, a business license shall not be revoked based on an individual's or entity's decision regarding recommendations from a government or scientific entity.

This act provides that no individual, owner of premises, or any other entity shall be subject to criminal or civil liability in any action alleging exposure to a contagious disease on the premises under the control of the individual, owner, or entity unless:

(1) The individual, owner, or entity knowingly and purposefully exposed an individual to a contagious disease;

(2) Such exposure caused suffering from a clinical disease; and

(3) The exposed individual did not voluntarily assume the risk of exposure.

The term "contagious disease" is defined in the act as a acute infectious respiratory illness that is transmitted by airborne particles.

This act contains an emergency clause.

This act is similar to a provision in HCS/SS/SCS/SB 27 (2021), in HCS/SCS/SB 119 (2021), and in the perfected HCS/HB 682 (2021).


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