By Duncan                                              S.B. No. 801
         77R6966 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of certain state-operated treatment
 1-3     facilities and mental health facilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 321.003, Health and Safety Code, is
 1-6     amended by adding Subsection (h) to read as follows:  
 1-7           (h)  This section does not:
 1-8                 (1)  authorize a suit for damages against a department
 1-9     or agency of the state; or
1-10                 (2)  waive sovereign immunity to suit or liability.
1-11           SECTION 2. With regard to a suit filed against a treatment
1-12     facility or mental health facility under Section 321.003, Health
1-13     and Safety Code, this Act is intended only to clarify legislative
1-14     intent of Section 321.003, Health and Safety Code.  At the time of
1-15     the enactment of Section 321.003, the legislature did not intend
1-16     that section to authorize a suit for damages against a department
1-17     or agency of the state or waive sovereign immunity to suit or
1-18     liability.
1-19           SECTION 3.  This Act takes effect immediately if it receives
1-20     a vote of two-thirds of all the members elected to each house, as
1-21     provided by Section 39, Article III, Texas Constitution.  If this
1-22     Act does not receive the vote necessary for immediate effect, this
1-23     Act takes effect September 1, 2001.