Floor Packet Page No. 263                                                   

	
Amend CSHB 4 as follows:                                                     
	On page 54, line 19, strike SECTION 10.10 and insert a new 
SECTION 10.10, starting on line 19, to read as follows:
	SECTION 10.10. Section 11.03, Medical Liability and 
Insurance Improvement Act (Article 4590i, Vernon's Texas Civil 
Statutes), is amended to read as follows:
	Sec. 11.03. LIMIT ON DAMAGES. [ALTERNATIVE PARTIAL LIMIT ON 
CIVIL LIABILITY].  [In the event that Section 11.02(a) of this 
subchapter is stricken from this subchapter or is otherwise 
invalidated by a method other than through legislative means, the 
following shall become effective:]  In an action on a health care 
liability claim where final judgment is rendered against a 
physician or health care provider, the limit of civil liability of 
each physician or health care provider for noneconomic damages 
shall be limited to an amount not to exceed $250,000 except in 
health care liability claims where the injured patient is under 18 
years of age or over 60 years of age, is mentally retarded as 
defined under Section 591.003(16), Health and Safety Code, or is 
mentally ill as defined under Section 571.003(14), Health and 
Safety Code or is disabled as defined by the Americans with 
Disabilities Act [for all past and future noneconomic losses 
recoverable by or on behalf of any injured person and/or the estate 
of such person, including without limitation as applicable past and 
future physical pain and suffering, mental anguish and suffering, 
consortium, disfigurement, and any other nonpecuniary damage, 
shall be limited to an amount not to exceed $150,000].