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H.B. No. 2453
AN ACT
relating to the liability of a hospital district management
contractor and certain public servants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 108.002(a) and (b), Civil Practice and
Remedies Code, are amended to read as follows:
(a) Except in an action arising under the constitution or
laws of the United States, a public servant [, other than a provider
of health care as that term is defined in Section 108.002(c),] is
not personally liable for damages in excess of $100,000 arising
from personal injury, death, or deprivation of a right, privilege,
or immunity if:
(1) the damages are the result of an act or omission by
the public servant in the course and scope of the public servant's
office, employment, or contractual performance for or service on
behalf of a state agency, institution, department, or local
government; and
(2) for the amount not in excess of $100,000, the
public servant is covered:
(A) by the state's obligation to indemnify under
Chapter 104;
(B) by a local government's authorization to
indemnify under Chapter 102;
(C) by liability or errors and omissions
insurance; or
(D) by liability or errors and omissions coverage
under an interlocal agreement.
(b) Except in an action arising under the constitution or
laws of the United States, a public servant [, other than a provider
of health care as that term is defined in Section 108.002(c),] is
not liable for damages in excess of $100,000 for property damage if:
(1) the damages are the result of an act or omission by
the public servant in the course and scope of the public servant's
office, employment, or contractual performance for or service on
behalf of a state agency, institution, department, or local
government; and
(2) for the amount not in excess of $100,000, the
public servant is covered:
(A) by the state's obligation to indemnify under
Chapter 104;
(B) by a local government's authorization to
indemnify under Chapter 102;
(C) by liability or errors and omissions
insurance; or
(D) by liability or errors and omissions coverage
under an interlocal agreement.
SECTION 2. Chapter 261, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. LIABILITY OF NONPROFIT MANAGEMENT CONTRACTOR
Sec. 261.051. DEFINITION. In this subchapter, "municipal
hospital management contractor" means a nonprofit corporation,
partnership, or sole proprietorship that manages or operates a
hospital or provides services under contract with a municipality.
Sec. 261.052. LIABILITY OF MUNICIPAL HOSPITAL MANAGEMENT
CONTRACTOR. A municipal hospital management contractor in its
management or operation of a hospital under a contract with a
municipality is considered a governmental unit for purposes of
Chapters 101, 102, and 108, Civil Practice and Remedies Code, and
any employee of the contractor is, while performing services under
the contract for the benefit of the hospital, an employee of the
municipality for the purposes of Chapters 101, 102, and 108, Civil
Practice and Remedies Code.
SECTION 3. Section 285.071, Health and Safety Code, is
amended to read as follows:
Sec. 285.071. DEFINITION. In this chapter, "hospital
district management contractor" means a nonprofit corporation,
partnership, or sole proprietorship that manages or operates a
hospital or provides services [as a part of a rural health network
as defined under 42 U.S.C. Section 1395i-4(g)] under contract with
a hospital district that was created by general or special law [and
that has a population under 50,000].
SECTION 4. Section 285.072, Health and Safety Code, is
amended to read as follows:
Sec. 285.072. LIABILITY OF A HOSPITAL DISTRICT MANAGEMENT
CONTRACTOR. A hospital district management contractor in its
management or operation of a hospital under a contract with a
hospital district is considered a governmental unit for purposes of
Chapters 101, 102, and 108, Civil Practice and Remedies Code, and
any employee of the contractor is [are], while performing services
under the contract for the benefit of the hospital, an employee
[employees] of the hospital district for the purposes of Chapters
101, [and] 102, and 108, Civil Practice and Remedies Code.
SECTION 5. Section 108.002(c), Civil Practice and Remedies
Code, is repealed.
SECTION 6. This Act takes effect September 1, 2003, and
applies only to a suit filed on or after that date.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2453 was passed by the House on May 6,
2003, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 2453 on May 30, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2453 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor