| 1 | 1 | | 88R9515 MZM-F |
|---|
| 2 | 2 | | By: Stucky H.B. No. 2573 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to liability of certain municipal hospital authorities |
|---|
| 8 | 8 | | under a contract for the sale of a hospital. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 262, Health and Safety |
|---|
| 11 | 11 | | Code, is amended by adding Section 262.0335 to read as follows: |
|---|
| 12 | 12 | | Sec. 262.0335. LIABILITY OF CERTAIN MUNICIPAL HOSPITAL |
|---|
| 13 | 13 | | AUTHORITIES UNDER CONTRACT FOR SALE OF HOSPITAL. (a) This section |
|---|
| 14 | 14 | | applies only to a municipal hospital authority wholly located in a |
|---|
| 15 | 15 | | county with a population of less than 70,000. |
|---|
| 16 | 16 | | (b) A municipal hospital authority that enters into a |
|---|
| 17 | 17 | | contract to sell a hospital owned by the authority waives |
|---|
| 18 | 18 | | governmental immunity to suit for the purpose of adjudicating a |
|---|
| 19 | 19 | | claim for breach of the contract. |
|---|
| 20 | 20 | | (c) For a breach of contract claim described by Subsection |
|---|
| 21 | 21 | | (b), a claimant may not be awarded: |
|---|
| 22 | 22 | | (1) a total amount that exceeds the amount due and owed |
|---|
| 23 | 23 | | by the municipal hospital authority under the contract; or |
|---|
| 24 | 24 | | (2) consequential or exemplary damages. |
|---|
| 25 | 25 | | (d) A municipal hospital authority that enters into a |
|---|
| 26 | 26 | | contract to sell a hospital owned by the authority may indemnify the |
|---|
| 27 | 27 | | purchaser of the hospital according to the terms of the contract. |
|---|
| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 29 | 29 | | to a contract entered into on or after the effective date of this |
|---|
| 30 | 30 | | Act. |
|---|
| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|