| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability limits in a health care liability claim. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 74.301, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsection (d) to read as follows: |
|
|
(d) When there is an increase or decrease in the consumer |
|
|
price index with respect to the amount of that index on September 1, |
|
|
2003, the liability limits prescribed by this section shall be |
|
|
increased or decreased, as applicable, by a sum equal to the amount |
|
|
of such limit multiplied by the percentage increase or decrease in |
|
|
the consumer price index, as published by the Bureau of Labor |
|
|
Statistics of the United States Department of Labor, that measures |
|
|
the average changes in prices of goods and services purchased by |
|
|
urban wage earners and clerical workers' families and single |
|
|
workers living alone (CPI-W: Seasonally Adjusted U.S. City |
|
|
Average--All Items), between September 1, 2003, and the time at |
|
|
which damages subject to such limits are awarded by final judgment |
|
|
or settlement. |
|
|
SECTION 2. Section 74.302, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsection (f) to read as follows: |
|
|
(f) When there is an increase or decrease in the consumer |
|
|
price index with respect to the amount of that index on September 1, |
|
|
2003, the liability limits and financial responsibility amounts |
|
|
prescribed by this section shall be increased or decreased, as |
|
|
applicable, by a sum equal to the amount of such limit multiplied by |
|
|
the percentage increase or decrease in the consumer price index, as |
|
|
published by the Bureau of Labor Statistics of the United States |
|
|
Department of Labor, that measures the average changes in prices of |
|
|
goods and services purchased by urban wage earners and clerical |
|
|
workers' families and single workers living alone (CPI-W: |
|
|
Seasonally Adjusted U.S. City Average--All Items), between |
|
|
September 1, 2003, and the time at which damages subject to such |
|
|
limits are awarded by final judgment or settlement. |
|
|
SECTION 3. Sections 74.301 and 74.302, Civil Practice and |
|
|
Remedies Code, as amended by this Act, apply only to a health care |
|
|
liability claim that accrues on or after the effective date of this |
|
|
Act. A health care liability claim that accrued before the |
|
|
effective date of this Act is governed by the law as it existed |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 4. 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, 2019. |