By Greenberg, Goodman, Coleman, Janek, Danburg H.B. No. 3479
76R13560 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability for sexual exploitation by mental health
1-3 services providers who are officers or employees of governmental
1-4 units.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 81.001(2) and (3), Civil Practice and
1-7 Remedies Code, are amended to read as follows:
1-8 (2) "Mental health services provider" means an
1-9 individual, licensed or unlicensed, who performs or purports to
1-10 perform mental health services, including a:
1-11 (A) licensed ["certified] social worker["] as
1-12 defined by Section 50.001, Human Resources Code;
1-13 (B) ["]chemical dependency counselor["] as
1-14 defined by Section 1, Chapter 635, Acts of the 72nd Legislature,
1-15 Regular Session, 1991 (Article 4512o, Vernon's Texas Civil
1-16 Statutes);
1-17 (C) ["]licensed professional counselor["] as
1-18 defined by Section 2, Licensed Professional Counselor Act (Article
1-19 4512g, Vernon's Texas Civil Statutes);
1-20 (D) ["]licensed marriage and family therapist["]
1-21 as defined by Section 2, Licensed Marriage and Family Therapist Act
1-22 (Article 4512c-1, Vernon's Texas Civil Statutes);
1-23 (E) member of the clergy;
1-24 (F) ["]physician["] who is ["]practicing
2-1 medicine["] as defined by Section 1.03, Medical Practice Act
2-2 (Article 4495b, Vernon's Texas Civil Statutes); [and]
2-3 (G) ["]psychologist["] offering ["]psychological
2-4 services["] as defined by Section 2, Psychologists' Certification
2-5 and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes);
2-6 or
2-7 (H) special officer for mental health assignment
2-8 certified under Section 415.037, Government Code.
2-9 (3) "Patient" means an individual who seeks or obtains
2-10 mental health services. The term includes a person who has contact
2-11 with a special officer for mental health assignment because of
2-12 circumstances relating to the person's mental health.
2-13 SECTION 2. Chapter 81, Civil Practice and Remedies Code, is
2-14 amended by adding Section 81.010 to read as follows:
2-15 Sec. 81.010. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO
2-16 SUE. (a) In this section, "governmental unit" has the meaning
2-17 assigned by Section 101.001(3)(B).
2-18 (b) A governmental unit that is an employer of a mental
2-19 health services provider, including a special officer for mental
2-20 health assignment, is liable under this chapter in the same manner
2-21 as another employer of a mental health services provider. The
2-22 liability of a governmental unit under this chapter is limited to
2-23 money damages in the maximum amounts established under Section
2-24 101.023.
2-25 (c) Governmental immunity to suit is waived and abolished to
2-26 the extent of the liability created by this section. A person
2-27 having a claim under this section may sue a governmental unit for
3-1 damages allowed by this section.
3-2 (d) Subchapter D, Chapter 101, applies to a suit brought
3-3 under this section.
3-4 SECTION 3. This Act takes effect September 1, 1999.
3-5 SECTION 4. (a) This Act applies to all actions:
3-6 (1) commenced on or after the effective date of this
3-7 Act; or
3-8 (2) pending on that effective date and in which the
3-9 trial, or any new trial or retrial following motion, appeal, or
3-10 otherwise, begins on or after that effective date.
3-11 (b) In an action commenced before the effective date of this
3-12 Act, a trial, new trial, or retrial that is in progress on the
3-13 effective date is governed by the law applicable to the trial, new
3-14 trial, or retrial immediately before the effective date, and that
3-15 law is continued in effect for that purpose.
3-16 SECTION 5. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.