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78R6780 DAK-D

By:  Solis                                                        H.B. No. 2749



A BILL TO BE ENTITLED

AN ACT

relating to limiting the liability of physicians and health care 
providers for health care provided on behalf of certain health 
services districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 287, Health and Safety 
Code, is amended by adding Section 287.084 to read as follows:
	Sec. 287.084.  LIMITATION ON LIABILITY.  (a)  In this 
section, "physician," "health care provider," and "health care" 
have the meaning assigned those terms by Section 1.03, Medical 
Liability and Insurance Improvement Act of Texas (Article 4590i, 
Vernon's Texas Civil Statutes).
	(b)  A physician or health care provider is not liable in 
civil damages for an act performed during the provision of health 
care if:
		(1)  the health care is part of the health care services 
regularly provided by the district to the indigent residents of the 
district;
		(2)  the physician or health care provider provides the 
health care in good faith; and
		(3)  the act is not wilfully or wantonly negligent.                    
	SECTION 2.  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.