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.
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