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