SRC-LBB S.B. 1337 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1337
78R5519 DLF-FBy: Hinojosa
State Affairs
5/5/2003
As Filed


DIGEST AND PURPOSE 

In 1995, the Tort Claims Act was amended to extend liability protection to
employees of political subdivisions including firemen, policemen,
volunteers and officers.  However, the legislation specifically excluded
health care professionals employed by political subdivisions such as
county hospital districts.  As proposed, S.B. 1337 repeals the exemption
relating to the liability of physicians, health care providers, and
hospital district management contractors who provide services for certain
governmental entities. 

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 Section 102.001(1), Civil Practice and Remedies Code,
to redefine "employee" to include a physician licensed in this state who
is performing services under a contract with a facility owned or operated
by a unit of local government, including a physician who provides
emergency or post-emergency stabilization services to patients in a
hospital owned or operated by a unit of local government, and the estate
of the physician.  

SECTION 2.  Amends Section 108.001, Civil Practice and Remedies Code, as
follows: 

 Sec. 108.001.  DEFINITIONS.  (a)  Creates this subsection from existing
text. 

(b)  Provides that, notwithstanding Subsection (a)(2), "public servant"
includes a physician licensed in this state who is performing services
under a contract with a facility owned or operated by a unit of
government, including a physician who provides emergency or post-emergency
stabilization services to patients in a hospital owned or operated by a
unit of government, and the estate of the physician. 

SECTION 3.  Amends Sections 108.002(a) and (b), Civil Practice and
Remedies Code, as follows: 

(a)  Deletes the phrase "other than a provider of health care as that term
is defined in Section 108.002(c)"  in relation to a public servant. 
  
 (b)  Makes a conforming change.

SECTION 4.  Amends Section 285.071, Health and Safety Code, to delete from
the definition of "hospital district management contractor" the phrases
"as a part of a rural health network as defined under 42 U.S.C. Section
1395i-4(g)" and "and that has a population under 50,000" in reference to a
hospital district. 

SECTION 5.  Repealer:  Section 108.002(c) (Limitation of Liability), Civil
Practice and Remedies Code.  

 SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date:  upon passage or September 1, 2003.