| 1 | 1 | | 87R1018 BRG-D |
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| 2 | 2 | | By: Miles S.B. No. 350 |
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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 of the Texas Department of Criminal Justice |
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| 8 | 8 | | for certain claims. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 101, Civil Practice and |
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| 11 | 11 | | Remedies Code, is amended by adding Section 101.030 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 101.030. LIABILITY OF TEXAS DEPARTMENT OF CRIMINAL |
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| 14 | 14 | | JUSTICE FOR CERTAIN CLAIMS. (a) In this section: |
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| 15 | 15 | | (1) "Health care provider" has the meaning assigned by |
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| 16 | 16 | | Section 74.001. |
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| 17 | 17 | | (2) "Physician" has the meaning assigned by Section |
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| 18 | 18 | | 74.001. |
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| 19 | 19 | | (b) The Texas Department of Criminal Justice is liable for |
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| 20 | 20 | | personal injury or death proximately caused by a physician's or |
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| 21 | 21 | | health care provider's treatment, lack of treatment, or other |
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| 22 | 22 | | claimed departure from accepted standards of medical care, health |
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| 23 | 23 | | care, safety or professional or administrative services directly |
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| 24 | 24 | | related to health care if the physician or health care provider was |
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| 25 | 25 | | an employee of the department or performing services under contract |
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| 26 | 26 | | with the department when the treatment, lack of treatment, or other |
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| 27 | 27 | | departure from the accepted standards occurred. |
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| 28 | 28 | | SECTION 2. Section 101.106, Civil Practice and Remedies |
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| 29 | 29 | | Code, is amended by adding Subsection (g) to read as follows: |
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| 30 | 30 | | (g) This section does not apply to: |
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| 31 | 31 | | (1) a suit or claim against the Texas Department of |
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| 32 | 32 | | Criminal Justice under Section 101.030; |
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| 33 | 33 | | (2) a suit against an employee of the department that |
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| 34 | 34 | | could have been brought against the department under Section |
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| 35 | 35 | | 101.030; or |
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| 36 | 36 | | (3) a judgment obtained against an employee of the |
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| 37 | 37 | | department if a suit could have been brought against the department |
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| 38 | 38 | | under Section 101.030 regarding the same subject matter as the |
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| 39 | 39 | | judgment. |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act apply only to |
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| 41 | 41 | | a cause of action that accrues on or after the effective date of |
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| 42 | 42 | | this Act. A cause of action that accrued before the effective date |
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| 43 | 43 | | of this Act is governed by the law applicable to the cause of action |
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| 44 | 44 | | immediately before the effective date of this Act, and that law is |
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| 45 | 45 | | continued in effect for that purpose. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2021. |
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