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A BILL TO BE ENTITLED
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AN ACT
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relating to liability limits in a health care liability claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.301, Civil Practice and Remedies |
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Code, is amended by adding Subsection (d) to read as follows: |
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(d) When there is an increase or decrease in the consumer |
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price index with respect to the amount of that index on September 1, |
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2003, the liability limits prescribed by this section shall be |
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increased or decreased, as applicable, by a sum equal to the amount |
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of such limit multiplied by the percentage increase or decrease in |
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the consumer price index, as published by the Bureau of Labor |
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Statistics of the United States Department of Labor, that measures |
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the average changes in prices of goods and services purchased by |
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urban wage earners and clerical workers' families and single |
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workers living alone (CPI-W: Seasonally Adjusted U.S. City |
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Average--All Items), between September 1, 2003, and the time at |
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which damages subject to such limits are awarded by final judgment |
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or settlement. |
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SECTION 2. Section 74.302, Civil Practice and Remedies |
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Code, is amended by adding Subsection (f) to read as follows: |
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(f) When there is an increase or decrease in the consumer |
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price index with respect to the amount of that index on September 1, |
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2003, the liability limits and financial responsibility amounts |
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prescribed by this section shall be increased or decreased, as |
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applicable, by a sum equal to the amount of such limit multiplied by |
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the percentage increase or decrease in the consumer price index, as |
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published by the Bureau of Labor Statistics of the United States |
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Department of Labor, that measures the average changes in prices of |
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goods and services purchased by urban wage earners and clerical |
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workers' families and single workers living alone (CPI-W: |
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Seasonally Adjusted U.S. City Average--All Items), between |
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September 1, 2003, and the time at which damages subject to such |
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limits are awarded by final judgment or settlement. |
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SECTION 3. The changes in law made by this Act apply only to |
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a health care liability claim that accrues on or after the effective |
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date of this Act. A health care liability claim that accrued before |
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the effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. 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, 2017. |