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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of remedies in suits against certain |
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veterinarians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 801, Occupations Code, is |
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amended by adding Section 801.365 to read as follows: |
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Sec. 801.365. ELECTION OF REMEDIES REQUIRED IN SUITS |
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AGAINST CERTAIN VETERINARIANS; PERSONAL LIABILITY FOR |
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VETERINARIANS. (a) This section applies only to a veterinarian |
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employed by a governmental unit, as that term is defined by Section |
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101.001, Civil Practice and Remedies Code. |
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(b) Notwithstanding Section 101.106(e), Civil Practice and |
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Remedies Code, if a plaintiff files suit under Chapter 101, Civil |
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Practice and Remedies Code, against both a governmental unit and an |
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employee of the governmental unit who is a veterinarian, the court |
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shall require the plaintiff to promptly amend the plaintiff's |
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pleadings to dismiss either: |
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(1) the governmental unit; or |
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(2) the employee of the governmental unit. |
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(c) If the plaintiff fails to amend the pleadings as |
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required by Subsection (b), the court shall dismiss the suit. |
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(d) Notwithstanding Section 101.106(f), Civil Practice and |
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Remedies Code, if a suit is filed against a veterinarian employed by |
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a governmental unit based on veterinary services provided by the |
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veterinarian within the general scope of the veterinarian's |
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employment, the court shall require the plaintiff to promptly amend |
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the plaintiff's pleadings to elect whether the suit is against the |
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employee in the employee's official capacity or individual |
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capacity. If the plaintiff fails to amend the pleadings as required |
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by this subsection, the court shall dismiss the suit. |
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SECTION 2. Section 801.365, Occupations Code, as added by |
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this Act, applies only to an action commenced on or after the |
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effective date of this Act. An action commenced before the |
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effective date of this Act is governed by the law as it existed |
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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 3. This Act takes effect September 1, 2025. |