BILL ANALYSIS


                                                        H.B. 1362
                                           By: McDonald (Sponsor)
                                        Health and Human Services
                                                         05-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, the state is not liable for indemnification under the
Rural Health Care Act (Chapter 11, Civil Practice and Remedies
Code) unless a copy of the summons or citation is delivered to the
attorney general.  Excessive requirements for litigants under the
Act impede the efficiency of the litigation process.

PURPOSE

As proposed, H.B. 1362 repeals provisions of the Civil Practice and
Remedies Code and the Insurance Code in order to address problems
encountered in the implementation of the medical malpractice
indemnity provisions of the Rural Health Care Act.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Repealer: Chapter 110, Civil Practice and Remedies Code
(State Liability for Indemnification of Certain Health Care
Professionals), and Article 5.15-4, Insurance Code (Reduction in
Certain Professional Liability Insurance Premiums).

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
           Effective date: upon passage.