By: King of Parker, et al. H.B. No. 3281

(Senate Sponsor - Duncan)

(In the Senate - Received from the House May 10, 2007; May 10, 2007, read first time and referred to Committee on State Affairs; May 11, 2007, reported favorably by the following vote: Yeas 9, Nays 0; May 11, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the recovery of medical or health care expenses in civil actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 41.0105, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 41.0105. EVIDENCE RELATING TO AMOUNT OF ECONOMIC DAMAGES. (a) In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.

(b) This section only applies to a health care liability claim under Chapter 74.

(c) This section does not apply to a claim for future medical or health care expenses.

SECTION 2. This Act applies only to an action commenced on or after the effective date of this Act. An action that is commenced 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.

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, 2007.

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