By Lindsay                                            S.B. No. 1030
         77R7882 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the limits on liability for a health care liability
 1-3     claim.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 11.02, Medical Liability and Insurance
 1-6     Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
 1-7     Statutes), is amended by amending Subsection (b) and adding
 1-8     Subsections (e) and (f) to read as follows:
 1-9           (b)  Subsections [Subsection] (a) and (e) of this section do
1-10     [does] not apply to the amount of damages awarded on a health care
1-11     liability claim for the expenses of necessary medical, hospital,
1-12     and custodial care received before judgment or required in the
1-13     future for treatment of the injury.
1-14           (e)  In an action on a health care liability claim where
1-15     final judgment is rendered against a physician or health care
1-16     provider and one or more agents or employees of the physician or
1-17     health care provider, and where the liability of the physician or
1-18     health care provider is based exclusively on a theory of vicarious
1-19     liability for the act or omission of the agents or employees, the
1-20     combined total civil liability of the physician or health care
1-21     provider and the agents or employees shall be limited to an amount
1-22     not to exceed the limit under Subsection (a) of this section, as
1-23     adjusted under Section 11.04 of this subchapter.
1-24           (f)  The limit on liability in Subsections (a) and (e) of
 2-1     this section:
 2-2                 (1)  applies to the final judgment that is rendered
 2-3     against a physician or health care provider in relation to an
 2-4     occurrence of treatment, lack of treatment, or other departure from
 2-5     accepted standards of medical care or health care or safety that
 2-6     resulted in injury to or death of a patient, without regard to the
 2-7     number of health care liability claims filed in relation to the
 2-8     occurrence; and
 2-9                 (2)  may not be exceeded on the basis that more than
2-10     one health care liability claim is filed in relation to the
2-11     occurrence.
2-12           SECTION 2. This Act takes effect September 1, 2001, and
2-13     applies only to a claim filed on or after that date.  A claim filed
2-14     before the effective date of this Act is governed by the law
2-15     applicable to the claim immediately before the effective date of
2-16     this Act, and that law is continued in effect for that purpose.