§ 91A.003.Applicability
Title 4. Liability in Tort · Chapter 91A. Liability of Volunteer Audiologists and Speech-Language Pathologists · Last amended 2009 · Last verified August 29, 2026
Full Text of § 91A.003
Plain-English Summary
One sentence: this chapter does not apply to an act or omission that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others.
The identical formula appears in the charitable immunity chapter and the health care practitioner chapter, and it is the standard exclusion for this family of provisions.
Four states of mind are named, and they describe a spectrum above ordinary negligence: intentional conduct, wilful or wanton negligence, conscious indifference, and reckless disregard for the safety of others.
What is protected is careless conduct. What is not is conduct the practitioner knew was dangerous and did anyway.
The chapter is three sections long and this is the whole of its limits. There is no insurance condition, no acknowledgment requirement, no exclusion for governmental units, and no preservation of anyone else's liability.
Compare the health care practitioner chapter, whose applicability section runs to four subsections covering the school district's position, governmental units, and insurance bad faith.
The brevity is proportionate. A chapter protecting a narrow activity with a narrow risk does not need the boundary-setting a broader one requires.
Frequently Asked Questions
What conduct is outside the chapter?
An act or omission that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others.
Is ordinary negligence protected?
Yes. The exclusion covers conduct above ordinary carelessness.
Are there other limits?
No. This is the whole of the chapter's limits — there is no insurance condition or acknowledgment requirement.
Amendment History
- Added by Acts 2009, 81st Leg., R.S., Ch. 658 (H.B. 1995), Sec. 1, eff. September 1, 2009.