82R9678 DAK-F
 
  By: Hunter H.B. No. 3322
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to covenants not to compete.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 15.50, Business & Commerce Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  For purposes of Subsection (b), "relating to the
  practice of medicine" does not include a physician's employment by
  or ownership interest in an entity that is not practicing medicine,
  as that term is defined by Section 151.002, Occupations Code. A
  licensed hospital or a licensed ambulatory center is not an entity
  that is practicing medicine, as that term is defined by Section
  151.002, Occupations Code.
         SECTION 2.  Section 15.50(d), Business & Commerce Code, as
  added by this Act:
               (1)  clarifies the area of law the provision addresses
  and does not substantively change that law; and
               (2)  applies to a covenant entered into before, on, or
  after the effective date of this Act.
         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, 2011.