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.