By Kamel H.B. No. 454
74R1540 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.