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.