78S30675 KEG-F

By:  Harper-Brown                                                 H.B. No. 72 



A BILL TO BE ENTITLED

AN ACT

relating to the liability of certain nonprofit hospital management 
contractors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 261.051 and 261.052, Health and Safety 
Code, as added by Chapter 204, Acts of the 78th Legislature, Regular 
Session, 2003, are amended to read as follows:
	Sec. 261.051.  DEFINITION.  In this subchapter, "municipal 
hospital management contractor" means a nonprofit corporation, 
partnership, or sole proprietorship that manages or operates a 
hospital or provides services under a contract with a municipality 
or a municipal hospital authority.
	Sec. 261.052.  LIABILITY OF A MUNICIPAL HOSPITAL MANAGEMENT 
CONTRACTOR.  A municipal hospital management contractor in its 
management or operation of a hospital under a contract with a 
municipality or a municipal hospital authority is considered a 
governmental unit for purposes of Chapters 101, 102, and 108, Civil 
Practice and Remedies Code, and any employee of the contractor is, 
while performing services under the contract for the benefit of the 
hospital, an employee of the municipality for the purposes of 
Chapters 101, 102, and 108, Civil Practice and Remedies Code.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution. If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.