BILL ANALYSIS

 

 

 

H.B. 3182

By: Oliverson

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

It has been reported that as a result of a recent court decision there is some ambiguity about whether statutory liability provisions adequately protect certain residents and fellows in a graduate medical training program for physicians that is sponsored by a governmental unit. H.B. 3182 seeks to provide clarification by establishing that such residents and fellows are considered to be employees of a governmental unit for purposes of the Texas Tort Claims Act.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 3182 amends the Civil Practice and Remedies Code to establish that, for purposes of the Texas Tort Claims Act, a resident or fellow in a graduate medical training program for physicians that is sponsored by a governmental unit, including a medical and dental unit, is considered to be an employee of a governmental unit regardless of the method or source of payment of the resident or fellow.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.