By Greenberg                                          H.B. No. 3479
         76R4838 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.
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 to the same extent
2-21     as another employer of a mental health services provider.
2-22           (c)  Sovereign immunity to suit is waived and abolished to
2-23     the extent of the liability created by this section. A person
2-24     having a claim under this section may sue a governmental unit for
2-25     damages allowed by this section.
2-26           (d)  Subchapter D, Chapter 101, applies to a suit brought
2-27     under this section.
 3-1           SECTION 3.  This Act takes effect September 1, 1999.
 3-2           SECTION 4.  This Act applies only to a cause of action that
 3-3     accrues on or after the effective date of this Act.  A cause of
 3-4     action that accrues before the effective date of this Act is
 3-5     governed by the law as it existed immediately before the effective
 3-6     date of this Act and that law is continued in effect for that
 3-7     purpose.
 3-8           SECTION 5.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended.