Texas Senate Bill SB350

Texas 2021 - 87th Regular

Caption

Relating to liability of the Texas Department of Criminal Justice for certain claims.

Impact

The bill is expected to clarify the existing laws surrounding the liability of the TDCJ, allowing individuals who suffer personal injuries or fatalities due to medical malpractice by TDCJ-affiliated providers to pursue legal claims more directly against the department. By establishing a clear pathway for these claims, the bill seeks to protect the rights of individuals harmed in a state context while also potentially influencing the operational protocols within TDCJ regarding health care practices. The changes made by SB350 only apply to new claims arising after its enactment, maintaining the previous legal framework for existing claims, which might create a bifurcated liability landscape for the department.

Summary

SB350 proposes an amendment to the Civil Practice and Remedies Code concerning the liability of the Texas Department of Criminal Justice (TDCJ) in relation to claims for personal injuries or deaths caused by healthcare providers employed by or contracted to the department. The bill emphasizes that TDCJ can be held accountable for claims arising from a lack of treatment or deviations from accepted medical standards if the involved healthcare provider was an employee or contractor at the time of the incident. This legislative action aims to streamline the accountability of TDCJ in healthcare-related claims, which has significant implications for accountability in the medical treatment provided within state facilities.

Contention

Notably, there are aspects of the bill that may provoke debate among lawmakers and stakeholders. Supporters advocate that this measure ensures accountability within a system that has often been criticized for inadequate medical care in prisons and state facilities. Conversely, there may be concerns about the implications this has for the operational costs and legal risks associated with running the Texas Department of Criminal Justice, potentially leading to an increase in litigation. Furthermore, discussions may arise regarding who bears the ultimate responsibility for medical care decisions: the healthcare providers or the department itself.