78R1311 DAK-D

By:  Shapleigh                                                    S.B. No. 561



A BILL TO BE ENTITLED

AN ACT

relating to indemnification by the state of physicians providing 
certain health care services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 104.001, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 104.001.  STATE LIABILITY; PERSONS COVERED.  In a cause 
of action based on conduct described in Section 104.002, the state 
shall indemnify the following persons, without regard to whether 
the persons performed their services for compensation, for actual 
damages, court costs, and attorney's fees adjudged against:
		(1)  an employee, a member of the governing board, or 
any other officer of a state agency, institution, or department;
		(2)  a former employee, former member of the governing 
board, or any other former officer of a state agency, institution, 
or department who was an employee or officer when the act or 
omission on which the damages are based occurred;
		(3)  a physician or psychiatrist licensed in this state 
who was performing services under a contract with any state agency, 
institution, or department or a racing official performing services 
under a contract with the Texas Racing Commission when the act or 
omission on which the damages are based occurred;
		(4)  a chaplain or spiritual advisor who was performing 
services under contract with the Texas Department of Criminal 
Justice, the Texas Youth Commission, or the Texas Juvenile 
Probation Commission when the act or omission on which the damages 
are based occurred;
		(5)  a person serving on the governing board of a 
foundation, corporation, or association at the request and on 
behalf of an institution of higher education, as that term is 
defined by Section 61.003(8), Education Code, not including a 
public junior college;
		(6)  a state contractor who signed a waste manifest as 
required by a state contract; [or]
		(7)  a physician licensed in this state providing 
health care services to a patient as part of:
			(A)  the medical assistance program under Chapter 
32, Human Resources Code; or
			(B)  the state child health plan under Chapter 62, 
Health and Safety Code; or
		(8)  the estate of a person listed in this section.                    
	SECTION 2.  The heading to Chapter 104, Civil Practice and 
Remedies Code, is amended to read as follows:

CHAPTER 104.  STATE LIABILITY FOR CONDUCT OF CERTAIN PERSONS
[PUBLIC SERVANTS]
	SECTION 3.  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.