§ 84.004.Volunteer Liability

The volunteer immunity, and it is stated as an immunity rather than a cap.

A volunteer of a charitable organization is immune from civil liability for any act or omission resulting in death, damage, or injury if the volunteer was acting in the course and scope of the volunteer's duties or functions, including as an officer, director, or trustee.

No insurance requirement and no dollar cap — the volunteer is immune, subject to the applicability section's exclusion of intentional, wilfully negligent, or consciously indifferent conduct.

Volunteer health care providers get their own subsection with three conditions. A volunteer health care provider serving as a direct service volunteer is immune for acts injuring a patient if: the act occurs in the course of providing health care services; the services are within the scope of the volunteer's license; and before the services are provided, the patient or the person responsible signs a written statement acknowledging that the care is not administered for or in expectation of compensation and the limitations on recovery of damages.

Subsection (f) supplies the necessary exception: the acknowledgment requirement applies even if the patient is incapacitated and cannot sign, or is a minor or incompetent whose responsible person is not reasonably available. Emergency care to an unconscious patient is not left unprotected.

Subsection (d) is the motor vehicle exception. A volunteer is liable for harm from the operation or use of any motor-driven equipment, including an airplane, to the extent insurance coverage is required by the Transportation Code and to the extent of any existing coverage. Liability runs to the insurance and no further.

Subsection (e) confines the section to volunteers — it does not affect the organization's own liability for their acts.