SRC-BWC C.S.S.B. 801 77(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 801
By: Duncan
Jurisprudence
5-1-2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

The 73rd Legislature passed a patient Bill of Rights for mental health,
chemical dependency, and rehabilitation services.  Prior to this
legislation, state entities were subject to federal and state patient
rights regulations; however, there were problems associated with the
private sector counterparts that motivated that legislation.  Recently,
some attorneys have read the definitions in this statute to include
state-operated facilities.  As a result, lawsuits have been filed against
some state facilities based on an assumption that the state's sovereign
immunity was waived.  C.S.S.B. 801 clarifies that the bill of rights passed
during the 73rd Legislature for patients in mental health, chemical
dependancy, and rehabilitative facilities did not waive sovereign immunity
for state facilities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 321.003(g), Health and Safety Code, to provide
that this section does not authorize a suit for damages against a
department or agency of the state, waive sovereign immunity to suit or
liability, or supersede or abrogate any other remedy existing in law,
including any remedy provided under Chapter 101 of the Civil Practice and
Remedies Code. 

SECTION 2.  Provides that with regard to a suit filed against a treatment
facility or mental health facility under Section 321.003, Health and Safety
Code, this Act is intended only to clarify legislative intent of Section
321.003.  Provides that at the time of the enactment of Section 321.003,
the legislature did not intend that section to authorize a suit for damages
against a department or agency of the state or waive sovereign immunity to
suit or liability. 

SECTION 3.  Effective date:  upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from As Filed version in SECTION 1 by adding text providing that
Section 321.003(g) does not supersede or abrogate any other remedy existing
in law, including any remedy provided under Chapter 101 of the Civil
Practice and Remedies Code.