SRC-JJJ H.B. 3479 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3479
By: Greenberg (Zaffirini)
Human Services
5/13/1999
Engrossed


DIGEST 

Persons in need of mental health services can often find themselves in
vulnerable positions that may impair their ability to think clearly or use
sound judgment. In some cases, the situation calls for intervention from a
mental health care professional. The duty of the mental health services
provider is to guide the patient or client (patient) to appropriate medical
or mental assistance and to discourage ongoing dependence on the mental
health care professional. However, because of the imbalance of power
inherent in the provider and patient relationship, a patient can be
vulnerable to sexual exploitation by the professional in whom the patient
has placed his or her trust. The relationship between the special officer
for a mental health assignment and the patient is not covered in the Civil
Practice and Remedies Code. H.B. 3479 provides certain mental health
patients protection against sexual exploitation by the health care
providers in whom they place their trust by expanding the definitions of
mental health services provider and patient. This bill also waives the
governmental immunity for a governmental unit that employs mental health
services providers and allows an individual to sue the governmental unit
for damages, with certain provided limitations.  

PURPOSE

As proposed, H.B. 3479 would establish provisions regarding the liability
for sexual exploitation by mental health service providers who are officers
or employees or governmental units. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 81.001(2) and (3), Civil Practice and Remedies
Code, to redefine "mental health services provider" and "patient."  

SECTION 2. Amends Chapter 81, Civil Practice and Remedies Code, by adding
Section 81.010, as follows:  

Sec. 81.010. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE. Defines
"governmental unit."  Provides that a governmental unit that is an employer
of a mental health services provider, including a special officer for
mental health assignment, is liable under this chapter to the same extent
as another employer of a mental health services provider. Provides that the
liability of a governmental unit under this chapter is limited to money
damages in the maximum amounts established under Section 101.023, Civil
Practice and Remedies Code.  Provides that governmental immunity to suit is
waived and abolished to the extent of the liability created by this
section. Authorizes a person having a claim under this section to sue a
governmental unit for damages allowed by this section.  Provides that
Subchapter D, Chapter 101, Civil Practice and Remedies Code, applies to a
suit brought under this section.  

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Makes application of this Act prospective. 

 SECTION 5. Emergency clause.