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AN ACT
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relating to the recovery of medical or health care expenses in civil |
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actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.0105, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 41.0105. EVIDENCE RELATING TO AMOUNT OF ECONOMIC |
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DAMAGES. (a) In addition to any other limitation under law, |
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recovery of medical or health care expenses incurred is limited to |
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the amount actually paid or incurred by or on behalf of the |
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claimant. |
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(b) This section only applies to a health care liability |
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claim under Chapter 74. |
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(c) This section does not apply to a claim for future |
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medical or health care expenses. |
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SECTION 2. This Act applies only to an action commenced on |
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or after the effective date of this Act. An action that is |
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commenced before the effective date of this Act is governed by the |
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law applicable to the action immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3281 was passed by the House on May 9, |
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2007, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3281 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 28, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |