78R1905 AJA-D

By:  Janek                                                        S.B. No. 182



A BILL TO BE ENTITLED

AN ACT

relating to joint and several liability in health care liability 
claims.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter K, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes), is amended by adding Section 11.06 to read as follows:
	Sec. 11.06.  APPLICABILITY OF JOINT AND SEVERAL LIABILITY 
REQUIREMENTS.  Notwithstanding Section 33.013(b), Civil Practice 
and Remedies Code, a physician or health care provider is not 
jointly liable for damages attributed to any other person, without 
regard to whether the percentage of responsibility attributed to 
the physician or health care provider is greater than 50 percent.
	SECTION 2.  Section 11.06, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes), as added by 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 in effect immediately before that date, and that 
law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.