88R9515 MZM-F
 
  By: Stucky H.B. No. 2573
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to liability of certain municipal hospital authorities
  under a contract for the sale of a hospital.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 262, Health and Safety
  Code, is amended by adding Section 262.0335 to read as follows:
         Sec. 262.0335.  LIABILITY OF CERTAIN MUNICIPAL HOSPITAL
  AUTHORITIES UNDER CONTRACT FOR SALE OF HOSPITAL. (a) This section
  applies only to a municipal hospital authority wholly located in a
  county with a population of less than 70,000. 
         (b)  A municipal hospital authority that enters into a
  contract to sell a hospital owned by the authority waives
  governmental immunity to suit for the purpose of adjudicating a
  claim for breach of the contract. 
         (c)  For a breach of contract claim described by Subsection
  (b), a claimant may not be awarded:
               (1)  a total amount that exceeds the amount due and owed
  by the municipal hospital authority under the contract; or
               (2)  consequential or exemplary damages. 
         (d)  A municipal hospital authority that enters into a
  contract to sell a hospital owned by the authority may indemnify the
  purchaser of the hospital according to the terms of the contract.
         SECTION 2.  The change in law made by this Act applies only
  to a contract entered into on or after the effective date of this
  Act.
         SECTION 3.  This Act takes effect September 1, 2023.