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.