BILL ANALYSIS

Senate Research Center                                                                                                       H.B. 737

79R2152 DAK-D                                                                                              By: Nixon (Duncan)

State Affairs

4/26/2005

Engrossed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

The 78th Legislature, Regular Session, 2003, enacted legislation that moved Article 4590i, V.T.C.S., to Chapter 74, Civil Practice and Remedies Code.  Now there exists antiquated cross- references in the statutes.  H.B. 737 updates Chapter 74, Civil Practice and Remedies Code, to reflect the change in statute.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 88.001(4), Civil Practice and Remedies Code, to redefine "health care provider."

SECTION 2.  Amends Section 88.002(k), Civil Practice and Remedies Code, to require an enrollee who files an action under this chapter to comply with the requirements of Section 74.351, rather than Section 13.01, Medical Liability and Insurance Improvement Act of Texas (Article 4590i, V.T.C.S.), as it relates to expert reports, rather than cost bonds, deposits, and expert reports.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2005.