BILL ANALYSIS

 

 

Senate Research Center                                                                                               C.S.S.B. 1510

79R11879 DAK-F                                                                                                            By: Averitt

                                                                                                                                       State Affairs

                                                                                                                                            4/17/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, nonprofit management contractors of a hospital owned by a hospital district or a municipality are treated as a governmental unit under the Texas Tort Claims Act.  The same protections were not extended to the nonprofit manager of a hospital owned by a county hospital authority. 

 

C.S.S.B. 1510 extends certain liability protections to the nonprofit management contractor of a hospital owned by a county hospital authority.

 

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 Chapter 264, Health and Safety Code, by adding Subchapter E, as follows:

 

SUBCHAPTER E.  LIABILITY OF NONPROFIT MANAGEMENT CONTRACTOR

 

            Sec. 264.061. DEFINITION. Defines "county hospital authority management        contractor."

 

Sec. 264.062. LIABILITY OF COUNTY HOSPITAL AUTHORITY MANAGEMENT CONTRACTOR. Provides that a county hospital authority management contractor in its management or operation of a hospital under a contract with a county hospital authority is considered a governmental unit, and any employee of the contractor is, while performing services under the contract for the benefit of the hospital, an employee of the county hospital authority for purposes of Chapters 101, 102, and 108, Civil Practice and Remedies Code.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.