1-1 By: Greenberg, et al. (Senate Sponsor - Zaffirini) H.B. No. 3479
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 14, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, rereferred to Committee on Human Services;
1-5 May 14, 1999, reported favorably by the following vote: Yeas 5,
1-6 Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to liability for sexual exploitation by mental health
1-10 services providers who are officers or employees of governmental
1-11 units.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 81.001(2) and (3), Civil Practice and
1-14 Remedies Code, are amended to read as follows:
1-15 (2) "Mental health services provider" means an
1-16 individual, licensed or unlicensed, who performs or purports to
1-17 perform mental health services, including a:
1-18 (A) licensed ["certified] social worker["] as
1-19 defined by Section 50.001, Human Resources Code;
1-20 (B) ["]chemical dependency counselor["] as
1-21 defined by Section 1, Chapter 635, Acts of the 72nd Legislature,
1-22 Regular Session, 1991 (Article 4512o, Vernon's Texas Civil
1-23 Statutes);
1-24 (C) ["]licensed professional counselor["] as
1-25 defined by Section 2, Licensed Professional Counselor Act (Article
1-26 4512g, Vernon's Texas Civil Statutes);
1-27 (D) ["]licensed marriage and family therapist["]
1-28 as defined by Section 2, Licensed Marriage and Family Therapist Act
1-29 (Article 4512c-1, Vernon's Texas Civil Statutes);
1-30 (E) member of the clergy;
1-31 (F) ["]physician["] who is ["]practicing
1-32 medicine["] as defined by Section 1.03, Medical Practice Act
1-33 (Article 4495b, Vernon's Texas Civil Statutes); [and]
1-34 (G) ["]psychologist["] offering ["]psychological
1-35 services["] as defined by Section 2, Psychologists' Certification
1-36 and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes);
1-37 or
1-38 (H) special officer for mental health assignment
1-39 certified under Section 415.037, Government Code.
1-40 (3) "Patient" means an individual who seeks or obtains
1-41 mental health services. The term includes a person who has contact
1-42 with a special officer for mental health assignment because of
1-43 circumstances relating to the person's mental health.
1-44 SECTION 2. Chapter 81, Civil Practice and Remedies Code, is
1-45 amended by adding Section 81.010 to read as follows:
1-46 Sec. 81.010. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO
1-47 SUE. (a) In this section, "governmental unit" has the meaning
1-48 assigned by Section 101.001(3)(B).
1-49 (b) A governmental unit that is an employer of a mental
1-50 health services provider, including a special officer for mental
1-51 health assignment, is liable under this chapter in the same manner
1-52 as another employer of a mental health services provider. The
1-53 liability of a governmental unit under this chapter is limited to
1-54 money damages in the maximum amounts established under Section
1-55 101.023.
1-56 (c) Governmental immunity to suit is waived and abolished to
1-57 the extent of the liability created by this section. A person
1-58 having a claim under this section may sue a governmental unit for
1-59 damages allowed by this section.
1-60 (d) Subchapter D, Chapter 101, applies to a suit brought
1-61 under this section.
1-62 SECTION 3. This Act takes effect September 1, 1999.
1-63 SECTION 4. (a) This Act applies to all actions:
1-64 (1) commenced on or after the effective date of this
2-1 Act; or
2-2 (2) pending on that effective date and in which the
2-3 trial, or any new trial or retrial following motion, appeal, or
2-4 otherwise, begins on or after that effective date.
2-5 (b) In an action commenced before the effective date of this
2-6 Act, a trial, new trial, or retrial that is in progress on the
2-7 effective date is governed by the law applicable to the trial, new
2-8 trial, or retrial immediately before the effective date, and that
2-9 law is continued in effect for that purpose.
2-10 SECTION 5. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
2-15 * * * * *