| 1 | 1 | | 85R3421 SCL-D |
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| 2 | 2 | | By: Wu H.B. No. 719 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability limits in a health care liability claim. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 74.301, Civil Practice and Remedies |
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| 10 | 10 | | Code, is amended by adding Subsection (d) to read as follows: |
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| 11 | 11 | | (d) When there is an increase or decrease in the consumer |
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| 12 | 12 | | price index with respect to the amount of that index on September 1, |
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| 13 | 13 | | 2003, the liability limits prescribed by this section shall be |
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| 14 | 14 | | increased or decreased, as applicable, by a sum equal to the amount |
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| 15 | 15 | | of such limit multiplied by the percentage increase or decrease in |
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| 16 | 16 | | the consumer price index, as published by the Bureau of Labor |
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| 17 | 17 | | Statistics of the United States Department of Labor, that measures |
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| 18 | 18 | | the average changes in prices of goods and services purchased by |
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| 19 | 19 | | urban wage earners and clerical workers' families and single |
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| 20 | 20 | | workers living alone (CPI-W: Seasonally Adjusted U.S. City |
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| 21 | 21 | | Average--All Items), between September 1, 2003, and the time at |
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| 22 | 22 | | which damages subject to such limits are awarded by final judgment |
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| 23 | 23 | | or settlement. |
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| 24 | 24 | | SECTION 2. Section 74.302, Civil Practice and Remedies |
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| 25 | 25 | | Code, is amended by adding Subsection (f) to read as follows: |
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| 26 | 26 | | (f) When there is an increase or decrease in the consumer |
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| 27 | 27 | | price index with respect to the amount of that index on September 1, |
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| 28 | 28 | | 2003, the liability limits and financial responsibility amounts |
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| 29 | 29 | | prescribed by this section shall be increased or decreased, as |
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| 30 | 30 | | applicable, by a sum equal to the amount of such limit multiplied by |
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| 31 | 31 | | the percentage increase or decrease in the consumer price index, as |
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| 32 | 32 | | published by the Bureau of Labor Statistics of the United States |
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| 33 | 33 | | Department of Labor, that measures the average changes in prices of |
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| 34 | 34 | | goods and services purchased by urban wage earners and clerical |
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| 35 | 35 | | workers' families and single workers living alone (CPI-W: |
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| 36 | 36 | | Seasonally Adjusted U.S. City Average--All Items), between |
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| 37 | 37 | | September 1, 2003, and the time at which damages subject to such |
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| 38 | 38 | | limits are awarded by final judgment or settlement. |
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| 39 | 39 | | SECTION 3. The changes in law made by this Act apply only to |
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| 40 | 40 | | a health care liability claim that accrues on or after the effective |
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| 41 | 41 | | date of this Act. A health care liability claim that accrued before |
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| 42 | 42 | | the effective date of this Act is governed by the law as it existed |
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| 43 | 43 | | immediately before the effective date of this Act, and that law is |
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| 44 | 44 | | continued in effect for that purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2017. |
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