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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of the Texas Department of Criminal Justice |
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for certain claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 101, Civil Practice and |
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Remedies Code, is amended by adding Section 101.030 to read as |
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follows: |
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Sec. 101.030. LIABILITY OF TEXAS DEPARTMENT OF CRIMINAL |
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JUSTICE FOR CERTAIN CLAIMS. (a) In this section: |
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(1) "Health care provider" has the meaning assigned by |
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Section 74.001. |
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(2) "Physician" has the meaning assigned by Section |
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74.001. |
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(b) The Texas Department of Criminal Justice is liable for |
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personal injury or death proximately caused by a physician's or |
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health care provider's treatment, lack of treatment, or other |
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claimed departure from accepted standards of medical care, health |
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care, safety or professional or administrative services directly |
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related to health care if the physician or health care provider was |
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an employee of the department or performing services under contract |
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with the department when the treatment, lack of treatment, or other |
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departure from the accepted standards occurred. |
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SECTION 2. Section 101.106, Civil Practice and Remedies |
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Code, is amended by adding Subsection (g) to read as follows: |
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(g) This section does not apply to: |
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(1) a suit or claim against the Texas Department of |
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Criminal Justice under Section 101.030; |
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(2) a suit against an employee of the department that |
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could have been brought against the department under Section |
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101.030; or |
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(3) a judgment obtained against an employee of the |
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department if a suit could have been brought against the department |
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under Section 101.030 regarding the same subject matter as the |
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judgment. |
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SECTION 3. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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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 September 1, 2021. |