By Longoria                                           H.B. No. 1959
       74R5642 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of certain charitable organizations
    1-3  performing activities for certain hospital districts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 281, Health and Safety
    1-6  Code, is amended by adding Section 281.0565 to read as follows:
    1-7        Sec. 281.0565.  LIABILITY OF CERTAIN CHARITABLE
    1-8  ORGANIZATIONS.  (a) Notwithstanding any other law, a charitable
    1-9  organization is liable for the organization's conduct to the same
   1-10  extent as a hospital district.
   1-11        (b)  An employee of a charitable organization is an employee
   1-12  of the hospital district for the purposes of Chapters 101 and 102,
   1-13  Civil Practice and Remedies Code.
   1-14        (c)  In this section, "charitable organization" means a
   1-15  nonstock corporation that is:
   1-16              (1)  exempt from federal income tax under Section
   1-17  501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section
   1-18  501(a)) by being listed as an exempt organization in Sections
   1-19  501(c)(3) and 501(c)(4) of the code (26 U.S.C. Sections 501(c)(3)
   1-20  and 501(c)(4));
   1-21              (2)  controlled by a hospital district created under
   1-22  Section 4, Article IX, Texas Constitution;  and
   1-23              (3)  established to conduct a health care program for
   1-24  the hospital district by providing or arranging services or raising
    2-1  funds.
    2-2        SECTION 2.  Section 101.001(2), Civil Practice and Remedies
    2-3  Code, is amended to read as follows:
    2-4              (2)  "Governmental unit" means:
    2-5                    (A)  this state and all the several agencies of
    2-6  government that collectively constitute the government of this
    2-7  state, including other agencies bearing different designations, and
    2-8  all departments, bureaus, boards, commissions, offices, agencies,
    2-9  councils, and courts;
   2-10                    (B)  a political subdivision of this state,
   2-11  including any city, county, school district, junior college
   2-12  district, levee improvement district, drainage district, irrigation
   2-13  district, water improvement district, water control and improvement
   2-14  district, water control and preservation district, freshwater
   2-15  supply district, navigation district, conservation and reclamation
   2-16  district, soil conservation district, communication district,
   2-17  public health district, hospital district, and river authority; and
   2-18                    (C)  any other institution, agency, or organ of
   2-19  government the status and authority of which are derived from the
   2-20  Constitution of Texas or from laws passed by the legislature under
   2-21  the constitution.
   2-22        SECTION 3.  This Act takes effect September 1, 1995, and
   2-23  applies only to a cause of action that accrues on or after that
   2-24  date.  A cause of action that accrues before the effective date of
   2-25  this Act is governed by the law in effect at the time the cause of
   2-26  action accrued, and the former law is continued in effect for that
   2-27  purpose.
    3-1        SECTION 4.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.