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HOUSE BILL 3479 |
HOUSE AUTHOR: Greenberg et al. |
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EFFECTIVE: 9-1-99 |
SENATE SPONSOR: Zaffirini |
House Bill 3479 amends provisions of the Civil Practice and Remedies Code relating to sexual exploitation by a mental health services provider. The act expands the definition of "mental health services provider" to include certain law enforcement officers certified as special officers for mental health assignment and clarifies that a "patient" includes a person who has contact with one of those officers because of circumstances relating to the person's mental health.
House Bill 3479 establishes that a patient, former patient, or a person acting in behalf of a patient or former patient, may bring an action against a governmental unit employing a mental health services provider, including a special officer, if the mental health services provider commits any conduct defined as a cause of action for sexual exploitation. The person may obtain an order requiring the governmental unit to dismiss the mental health services provider and may recover court costs and reasonable attorney's fees.
The act prohibits a person from bringing an action unless the person provides notification to the governmental unit 60 days before suit is filed. If the governmental unit dismisses the mental health services provider before the 60th day after receiving notice, the person may not bring suit. House Bill 3479 establishes that governmental immunity to suit is waived and abolished to the extent of liability created by provisions of the act.
The act also amends the Penal Code to include the expanded definition of "mental health services provider" in provisions relating to sexual assault.