87R1018 BRG-D
By: Miles S.B. No. 350
A BILL TO BE ENTITLED
AN ACT
relating to liability of the Texas Department of Criminal Justice
for certain claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 101, Civil Practice and
Remedies Code, is amended by adding Section 101.030 to read as
follows:
Sec. 101.030. LIABILITY OF TEXAS DEPARTMENT OF CRIMINAL
JUSTICE FOR CERTAIN CLAIMS. (a) In this section:
(1) "Health care provider" has the meaning assigned by
Section 74.001.
(2) "Physician" has the meaning assigned by Section
74.001.
(b) The Texas Department of Criminal Justice is liable for
personal injury or death proximately caused by a physician's or
health care provider's treatment, lack of treatment, or other
claimed departure from accepted standards of medical care, health
care, safety or professional or administrative services directly
related to health care if the physician or health care provider was
an employee of the department or performing services under contract
with the department when the treatment, lack of treatment, or other
departure from the accepted standards occurred.
SECTION 2. Section 101.106, Civil Practice and Remedies
Code, is amended by adding Subsection (g) to read as follows:
(g) This section does not apply to:
(1) a suit or claim against the Texas Department of
Criminal Justice under Section 101.030;
(2) a suit against an employee of the department that
could have been brought against the department under Section
101.030; or
(3) a judgment obtained against an employee of the
department if a suit could have been brought against the department
under Section 101.030 regarding the same subject matter as the
judgment.
SECTION 3. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.