1-1 By: Duncan S.B. No. 801 1-2 (In the Senate - Filed February 20, 2001; February 21, 2001, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 May 2, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; May 2, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 801 By: Duncan 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the liability of certain state-operated treatment 1-11 facilities and mental health facilities. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subsection (g), Section 321.003, Health and 1-14 Safety Code, is amended to read as follows: 1-15 (g) This section does not: 1-16 (1) authorize a suit for damages against a department 1-17 or agency of the state; 1-18 (2) waive sovereign immunity to suit or liability; or 1-19 (3) supersede or abrogate any other remedy existing in 1-20 law, including any remedy provided under Chapter 101, Civil 1-21 Practice and Remedies Code. 1-22 SECTION 2. With regard to a suit filed against a treatment 1-23 facility or mental health facility under Section 321.003, Health 1-24 and Safety Code, this Act is intended only to clarify the 1-25 legislative intent of Section 321.003, Health and Safety Code. At 1-26 the time of the enactment of Section 321.003, Health and Safety 1-27 Code, the legislature did not intend that section to authorize a 1-28 suit for damages against a department or agency of the state or 1-29 waive sovereign immunity to suit or liability. 1-30 SECTION 3. This Act takes effect immediately if it receives 1-31 a vote of two-thirds of all the members elected to each house, as 1-32 provided by Section 39, Article III, Texas Constitution. If this 1-33 Act does not receive the vote necessary for immediate effect, this 1-34 Act takes effect September 1, 2001. 1-35 * * * * *