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78R5519 DLF-F
By: Capelo H.B. No. 2995
A BILL TO BE ENTITLED
AN ACT
relating to the liability of physicians, health care providers, and
hospital district management contractors who provide services for
certain governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.001(1), Civil Practice and Remedies
Code, is amended to read as follows:
(1) "Employee" includes an officer, volunteer, or
employee, a former officer, volunteer, or employee, and the estate
of an officer, volunteer, or employee or former officer, volunteer,
or employee of a local government. The term includes 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. The
term does not include a county extension agent.
SECTION 2. Section 108.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 108.001. DEFINITIONS. (a) In this chapter:
(1) "Public servant" means a person who is:
(A) a public official elected or appointed to
serve a governmental unit and acting in that capacity when the act
or omission on which the damages were based occurred; or
(B) covered by Section 104.001 or Section
102.001.
(2) "Public servant" does not include an independent
contractor, an agent or employee of an independent contractor, or
another person who performs a contract for a unit of government.
(b) 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. 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 4. 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 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 5. Section 108.002(c), Civil Practice and Remedies
Code, is repealed.
SECTION 6. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrues before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act and that law is continued in effect for this
purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.