| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the election of remedies in suits against certain |
|
|
veterinarians. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 801, Occupations Code, is |
|
|
amended by adding Section 801.365 to read as follows: |
|
|
Sec. 801.365. ELECTION OF REMEDIES REQUIRED IN SUITS |
|
|
AGAINST CERTAIN VETERINARIANS; PERSONAL LIABILITY FOR |
|
|
VETERINARIANS. (a) Except as provided by Subsection (a-1), this |
|
|
section applies only to a veterinarian employed by a governmental |
|
|
unit, as that term is defined by Section 101.001, Civil Practice and |
|
|
Remedies Code. |
|
|
(a-1) This section does not apply to a regulatory or public |
|
|
health program of a governmental unit, as defined by Section |
|
|
101.001, Civil Practice and Remedies Code, including a regulatory |
|
|
or public health program operated by the Texas Animal Health |
|
|
Commission, Department of State Health Services, Parks and Wildlife |
|
|
Department, or Texas Racing Commission. |
|
|
(b) Notwithstanding Section 101.106(e), Civil Practice and |
|
|
Remedies Code, if a plaintiff files suit under Chapter 101, Civil |
|
|
Practice and Remedies Code, against both a governmental unit and an |
|
|
employee of the governmental unit who is a veterinarian, the court |
|
|
shall require the plaintiff to promptly amend the plaintiff's |
|
|
pleadings to dismiss either: |
|
|
(1) the governmental unit; or |
|
|
(2) the employee of the governmental unit. |
|
|
(c) If the plaintiff fails to amend the pleadings as |
|
|
required by Subsection (b), the court shall dismiss the suit. |
|
|
(d) Notwithstanding Section 101.106(f), Civil Practice and |
|
|
Remedies Code, if a suit is filed against a veterinarian employed by |
|
|
a governmental unit based on veterinary services provided by the |
|
|
veterinarian within the general scope of the veterinarian's |
|
|
employment, the court shall require the plaintiff to promptly amend |
|
|
the plaintiff's pleadings to elect whether the suit is against the |
|
|
employee in the employee's official capacity or individual |
|
|
capacity. If the plaintiff fails to amend the pleadings as required |
|
|
by this subsection, the court shall dismiss the suit. |
|
|
SECTION 2. Section 801.365, Occupations Code, as added by |
|
|
this Act, applies only to an action commenced on or after the |
|
|
effective date of this Act. An action commenced 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 3. This Act takes effect September 1, 2025. |