By:  Culberson                                         H.B. No. 884
       73R3004 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of a physician for certain health care
    1-3  liability claims.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The Medical Liability and Insurance Improvement
    1-6  Act of Texas (Article 4590i, Vernon's Texas Civil Statutes), is
    1-7  amended by adding Subchapter M to read as follows:
    1-8                       SUBCHAPTER M.  LIABILITY
    1-9        Sec. 13.01.  PHYSICIAN LIABLE ONLY FOR OWN PERCENTAGE OF
   1-10  RESPONSIBILITY.  (a)  Notwithstanding Section 33.013(b), Civil
   1-11  Practice and Remedies Code, a physician who is a liable defendant
   1-12  in a health care liability claim against the physician is liable to
   1-13  the claimant only for the percentage of the damages found by the
   1-14  trier of fact equal to the physician's percentage of responsibility
   1-15  with respect to the damages allowed on the claim.
   1-16        (b)  In this section, "claimant," "liable defendant," and
   1-17  "percentage of responsibility" have the meanings assigned those
   1-18  terms by Section 33.011, Civil Practice and Remedies Code.
   1-19        SECTION 2.  This Act takes effect September 1, 1993, and
   1-20  applies only to a cause of action accruing on or after that date.
   1-21  A cause of action accruing before the effective date of this Act is
   1-22  governed by the law in effect at the time the action accrued and
   1-23  that law is continued in effect for that purpose.
   1-24        SECTION 3.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended.