By:  Kamel                                             H.B. No. 405
       73R1926 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to funding for emergency and trauma care provided to
    1-3  indigent persons from a portion of exemplary damages awarded in
    1-4  certain civil cases.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter D, Chapter 61, Health and Safety Code,
    1-7  is amended by adding Section 61.082 to read as follows:
    1-8        Sec. 61.082.  INDIGENT EMERGENCY AND TRAUMA CARE FUND.  (a)
    1-9  The indigent emergency and trauma care fund is a fund in the state
   1-10  treasury.
   1-11        (b)  The indigent emergency and trauma care fund may be
   1-12  appropriated only to compensate emergency medical services
   1-13  providers and health care providers for uncompensated or
   1-14  undercompensated emergency medical services or trauma care provided
   1-15  by the provider to indigent persons.
   1-16        (c)  The board shall adopt rules governing payments from the
   1-17  indigent emergency and trauma care fund, including rules governing:
   1-18              (1)  procedures for making claims under the fund;
   1-19              (2)  the types of claims that may be paid;
   1-20              (3)  the amount that may be paid for particular types
   1-21  of claims; and
   1-22              (4)  the types of emergency medical services providers
   1-23  and health care providers that may be compensated.
   1-24        SECTION 2.  Chapter 41, Civil Practice and Remedies Code, is
    2-1  amended by adding Section 41.010 to read as follows:
    2-2        Sec. 41.010.  PORTION OF AWARD PAYABLE FOR INDIGENT EMERGENCY
    2-3  AND TRAUMA CARE.  (a)  The court shall order each defendant against
    2-4  whom exemplary damages are awarded under this chapter to pay 50
    2-5  percent of the damages to the comptroller.
    2-6        (b)  The comptroller shall deposit money recovered under this
    2-7  section to the credit of the indigent emergency and trauma care
    2-8  fund established by Section 61.082, Health and Safety Code.
    2-9        SECTION 3.  Section 17.50, Business & Commerce Code, is
   2-10  amended by amending Subsection (b) and by adding Subsection (e) to
   2-11  read as follows:
   2-12        (b)  In a suit filed under this section, the court may award
   2-13  <each consumer who prevails may obtain>:
   2-14              (1)  the amount of actual damages found by the trier of
   2-15  fact.  In addition the court shall award two times that portion of
   2-16  the actual damages that does not exceed $1,000.  If the trier of
   2-17  fact finds that the conduct of the defendant was committed
   2-18  knowingly, the trier of fact may award not more than three times
   2-19  the amount of actual damages in excess of $1,000, provided that:
   2-20                    (A)  the provisions of Chapters 33 and 41, Civil
   2-21  Practice and Remedies Code, shall govern the determination of the
   2-22  consumer's right under this subchapter to recover actual and other
   2-23  damages, including exemplary damages, and the amount of those
   2-24  damages that may be recovered by the consumer under this
   2-25  subchapter, in an action seeking damages for (i) death; (ii)
   2-26  personal injury other than mental anguish or distress associated
   2-27  with a violation of this subchapter that does not involve death or
    3-1  bodily injury; or (iii) damage to property other than the goods
    3-2  acquired by the purchase or lease that is involved in the
    3-3  consumer's action or claim if that damage arises out of an
    3-4  occurrence that involves death or bodily injury; and
    3-5                    (B)  only in an action under this subchapter that
    3-6  is subject to Paragraph (A) of this subdivision, the consumer's
    3-7  right to recover damages shall be subject to any defense or
    3-8  defensive matter that could be considered by the trier of fact in
    3-9  an action subject to Chapter 33, Civil Practice and Remedies Code,
   3-10  in determining the percentage of responsibility attributable to the
   3-11  consumer claimant under that chapter;
   3-12              (2)  an order enjoining such acts or failure to act;
   3-13              (3)  orders necessary to restore to any party to the
   3-14  suit any money or property, real or personal, which may have been
   3-15  acquired in violation of this subchapter; and
   3-16              (4)  any other relief which the court deems proper,
   3-17  including the appointment of a receiver or the revocation of a
   3-18  license or certificate authorizing a person to engage in business
   3-19  in this state if the judgment has not been satisfied within three
   3-20  months of the date of the final judgment.  The court may not revoke
   3-21  or suspend a license to do business in this state or appoint a
   3-22  receiver to take over the affairs of a person who has failed to
   3-23  satisfy a judgment if the person is a licensee of or regulated by a
   3-24  state agency which has statutory authority to revoke or suspend a
   3-25  license or to appoint a receiver or trustee.  Costs and fees of
   3-26  such receivership or other relief shall be assessed against the
   3-27  defendant.
    4-1        (e)  The court shall order each defendant to pay 50 percent
    4-2  of any damages in excess of actual damages that are awarded under
    4-3  Subsection (b)(1) of this section to the comptroller.  The
    4-4  comptroller shall deposit money recovered under the subsection to
    4-5  the credit of the indigent emergency and trauma care fund
    4-6  established by Section 61.082, Health and Safety Code.
    4-7        SECTION 4.  Sections 2 and 3 of this Act apply only to
    4-8  exemplary damages awarded in an action commenced on or after the
    4-9  effective date of this Act.
   4-10        SECTION 5.  The importance of this legislation and the
   4-11  crowded condition of the calendars in both houses create an
   4-12  emergency and an imperative public necessity that the
   4-13  constitutional rule requiring bills to be read on three several
   4-14  days in each house be suspended, and this rule is hereby suspended,
   4-15  and that this Act take effect and be in force from and after its
   4-16  passage, and it is so enacted.