| 1 | | - | By: Sheets, Turner of Tarrant, Fallon H.B. No. 1403 |
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| 2 | | - | (Senate Sponsor - Estes) |
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| 3 | | - | (In the Senate - Received from the House May 14, 2015; |
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| 4 | | - | May 14, 2015, read first time and referred to Committee on State |
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| 5 | | - | Affairs; May 22, 2015, reported favorably by the following vote: |
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| 6 | | - | Yeas 7, Nays 0; May 22, 2015, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 1403 |
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| 11 | 4 | | AN ACT |
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| 12 | 5 | | relating to the definition of health care liability claim for the |
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| 13 | 6 | | purposes of certain laws governing those claims. |
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| 14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 8 | | SECTION 1. Section 74.001(a)(13), Civil Practice and |
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| 16 | 9 | | Remedies Code, is amended to read as follows: |
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| 17 | 10 | | (13) "Health care liability claim" means a cause of |
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| 18 | 11 | | action against a health care provider or physician for treatment, |
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| 19 | 12 | | lack of treatment, or other claimed departure from accepted |
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| 20 | 13 | | standards of medical care, or health care, or safety or |
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| 21 | 14 | | professional or administrative services directly related to health |
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| 22 | 15 | | care, which proximately results in injury to or death of a claimant, |
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| 23 | 16 | | whether the claimant's claim or cause of action sounds in tort or |
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| 24 | 17 | | contract. The term does not include a cause of action described by |
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| 25 | 18 | | Section 406.033(a) or 408.001(b), Labor Code, against an employer |
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| 26 | 19 | | by an employee or the employee's surviving spouse or heir. |
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| 27 | 20 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 21 | | to a cause of action that accrues on or after the effective date of |
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| 29 | 22 | | this Act. A cause of action that accrues before the effective date |
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| 30 | 23 | | of this Act is governed by the law applicable to the cause of action |
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| 31 | 24 | | immediately before the effective date of this Act, and that law is |
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| 32 | 25 | | continued in effect for that purpose. |
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| 33 | 26 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 34 | | - | * * * * * |
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| 27 | + | ______________________________ ______________________________ |
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| 28 | + | President of the Senate Speaker of the House |
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| 29 | + | I certify that H.B. No. 1403 was passed by the House on May |
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| 30 | + | 13, 2015, by the following vote: Yeas 141, Nays 1, 2 present, not |
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| 31 | + | voting. |
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| 32 | + | ______________________________ |
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| 33 | + | Chief Clerk of the House |
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| 34 | + | I certify that H.B. No. 1403 was passed by the Senate on May |
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| 35 | + | 24, 2015, by the following vote: Yeas 30, Nays 0. |
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| 36 | + | ______________________________ |
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| 37 | + | Secretary of the Senate |
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| 38 | + | APPROVED: _____________________ |
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| 39 | + | Date |
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| 40 | + | _____________________ |
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| 41 | + | Governor |
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