SRC-TJG, MSY S.B. 182 78(R) BILL ANALYSIS Senate Research Center S.B. 182 78R1905 AJA-DBy: Janek State Affairs 2/26/2003 As Filed DIGEST AND PURPOSE Currently, if a defendant is greater than 50 percent liable in a health care liability claim, that defendant is jointly and severally liable for the other defendants. As proposed, S.B. 182 would limit the liability of health care defendant to the amount of responsibility attributed by the jury. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 4590i, V.T.C.S. (Medical Liability and Insurance Improvement Act of Texas), by adding Section 11.06, as follows: Sec. 11.06. APPLICABILITY OF JOINT AND SEVERAL LIABILITY REQUIREMENTS. Provides that, notwithstanding the contents of Section 33.013(b) (Amount of Liability), Civil Practice and Remedies Code, a physician or health care provider is not jointly liable for damages attributed to any other person, regardless of whether the responsibility attributed to the physician or health care provider is greater than 50 percent. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2003.