By:  Carona                                                       S.B. No. 1575


A BILL TO BE ENTITLED

AN ACT

relating to immunity from civil liability arising from activities 
of the Texas Workers' Compensation Commission medical quality 
review panel.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (d), Section 413.0512, Labor Code, is 
amended to read as follows:
	(d)  A person who serves on the medical quality review panel 
is immune from suit and from civil liability [not liable in a civil 
action] for an act performed, or a recommendation made, within the 
scope of the person's functions as a member of the panel if the 
person acts without malice and in the reasonable belief that the 
action or recommendation is warranted by the facts known to that 
person.  In the event of a civil action brought against a member of 
the panel that arises from the person's participation on the panel, 
the person [in good faith as a member of the panel and] is entitled 
to the same protections afforded a commission member under Section 
402.010.
	SECTION 2.  Subsection (d), Section 413.0512, Labor Code, as 
amended by this Act, applies to a member of the medical quality 
review panel regardless of whether the person is a member of the 
panel at the time the action is brought.
	SECTION 3.  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.