78R1311 DAK-D
By: Gallego H.B. No. 1281
A BILL TO BE ENTITLED
AN ACT
relating to indemnification by the state of physicians providing
certain health care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
of action based on conduct described in Section 104.002, the state
shall indemnify the following persons, without regard to whether
the persons performed their services for compensation, for actual
damages, court costs, and attorney's fees adjudged against:
(1) an employee, a member of the governing board, or
any other officer of a state agency, institution, or department;
(2) a former employee, former member of the governing
board, or any other former officer of a state agency, institution,
or department who was an employee or officer when the act or
omission on which the damages are based occurred;
(3) a physician or psychiatrist licensed in this state
who was performing services under a contract with any state agency,
institution, or department or a racing official performing services
under a contract with the Texas Racing Commission when the act or
omission on which the damages are based occurred;
(4) a chaplain or spiritual advisor who was performing
services under contract with the Texas Department of Criminal
Justice, the Texas Youth Commission, or the Texas Juvenile
Probation Commission when the act or omission on which the damages
are based occurred;
(5) a person serving on the governing board of a
foundation, corporation, or association at the request and on
behalf of an institution of higher education, as that term is
defined by Section 61.003(8), Education Code, not including a
public junior college;
(6) a state contractor who signed a waste manifest as
required by a state contract; [or]
(7) a physician licensed in this state providing
health care services to a patient as part of:
(A) the medical assistance program under Chapter
32, Human Resources Code; or
(B) the state child health plan under Chapter 62,
Health and Safety Code; or
(8) the estate of a person listed in this section.
SECTION 2. The heading to Chapter 104, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 104. STATE LIABILITY FOR CONDUCT OF CERTAIN PERSONS
[PUBLIC SERVANTS]
SECTION 3. This Act takes effect September 1, 2003, and
applies only to a cause of action that accrues on or after that
date. An action that accrued before the effective date of this Act
is governed by the law applicable to the action immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.