1-1                                   AN ACT
 1-2     relating to sexual assualt by a mental health services provider and
 1-3     to liability for sexual exploitation by mental health services
 1-4     providers who are officers or employees of governmental 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.  INJUNCTIVE RELIEF AGAINST GOVERNMENTAL UNITS.
2-16     (a)  In this section, "governmental unit" has the meaning assigned
2-17     by Section 101.001(3)(B).
2-18           (b)  Subject to Subsection (c), a patient, a former patient,
2-19     or another person acting on behalf of a patient or former patient
2-20     may bring an action under this section against a governmental unit
2-21     that is an employer of a mental health services provider, including
2-22     a special officer for mental health assignment, who commits any
2-23     conduct described by Section 81.002(1), (2), or (3) in relation to
2-24     the patient or former patient.  In an action brought under this
2-25     subsection, the patient or former patient may obtain:
2-26                 (1)  an order requiring the governmental unit to
2-27     discharge the mental health services provider who committed the
 3-1     conduct;
 3-2                 (2)  court costs; and
 3-3                 (3)  reasonable attorney's fees, as determined by the
 3-4     court.
 3-5           (c)  A patient, former patient, or person acting on behalf of
 3-6     a patient or former patient may not bring an action under
 3-7     Subsection (b) unless, 60 days before the date that action is to be
 3-8     filed, the person notifies the governmental unit in writing of its
 3-9     intention to bring an action under this section.  The notice must
3-10     reasonably describe the facts giving rise to the claim.  If, before
3-11     the 60th day after the date the notice is provided under this
3-12     section, the governmental unit discharges the mental health
3-13     services provider who committed the conduct with respect to which
3-14     the claim is filed, the person may not bring suit under Subsection
3-15     (b).
3-16           (d)  Governmental immunity to suit is waived and abolished
3-17     only to the extent of the liability created by Subsection (b).
3-18           SECTION 3.  Section 22.011(c), Penal Code, is amended by
3-19     adding Subdivision (4) to read as follows:
3-20                 (4)  "Mental health services provider" means an
3-21     individual, licensed or unlicensed, who performs or purports to
3-22     perform mental health services, including a:
3-23                       (A)  licensed social worker as defined by Section
3-24     50.001, Human Resources Code;
3-25                       (B)  chemical dependency counselor as defined by
3-26     Section 1, Chapter 635, Acts of the 72nd Legislature, Regular
3-27     Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
 4-1                       (C)  licensed professional counselor as defined
 4-2     by Section 2, Licensed Professional Counselor Act (Article 4512g,
 4-3     Vernon's Texas Civil Statutes);
 4-4                       (D)  licensed marriage and family therapist as
 4-5     defined by Section 2, Licensed Marriage and Family Therapist Act
 4-6     (Article 4512c-1, Vernon's Texas Civil Statutes);
 4-7                       (E)  member of the clergy;
 4-8                       (F)  psychologist offering psychological services
 4-9     as defined by Section 2, Psychologists' Licensing Act (Article
4-10     4512c, Vernon's Texas Civil Statutes); or
4-11                       (G)  special officer for mental health assignment
4-12     certified under Section 415.037, Government Code.
4-13           SECTION 4.  This Act takes effect September 1, 1999.
4-14           SECTION 5.  (a)  This Act applies to all actions:
4-15                 (1)  commenced on or after the effective date of this
4-16     Act; or
4-17                 (2)  pending on that effective date and in which the
4-18     trial, or any new trial or retrial following motion, appeal, or
4-19     otherwise, begins on or after that effective date.
4-20           (b)  In an action commenced before the effective date of this
4-21     Act, a trial, new trial, or retrial that is in progress on the
4-22     effective date is governed by the law applicable to the trial, new
4-23     trial, or retrial immediately before the effective date, and that
4-24     law is continued in effect for that purpose.
4-25           (c)  In an action described by Subsection (a)(2) of this
4-26     section, the person bringing the action is not required to provide
4-27     notice under Section 81.010(c), Civil Practice and Remedies Code,
 5-1     as added by this Act, before pursuing relief under that section.
 5-2           SECTION 6.  (a)  The change in law made by this Act to
 5-3     Section 22.011, Penal Code, applies only to an offense committed on
 5-4     or after the effective date of this Act.  For purposes of this
 5-5     section, an offense is committed before the effective date of this
 5-6     Act if any element of the offense occurs before the effective date.
 5-7           (b)  An offense committed before the effective date of this
 5-8     Act is covered by the law in effect when the offense was committed,
 5-9     and the former law is continued in effect for this purpose.
5-10           SECTION 7.  The importance of this legislation and the
5-11     crowded condition of the calendars in both houses create an
5-12     emergency and an imperative public necessity that the
5-13     constitutional rule requiring bills to be read on three several
5-14     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3479 was passed by the House on May
         13, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 3479 on May 27, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3479 was passed by the Senate, with
         amendments, on May 26, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor