By: Lalani, Klick, Howard, Bonnen, Oliverson H.B. No. 4762
A BILL TO BE ENTITLED
AN ACT
relating to liability of hospital personnel for certain uses of
force while on duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 241, Health and Safety
Code, is amended by adding Section 241.013 to read as follows:
Sec. 241.013. HOSPITAL PERSONNEL LIABILITY FOR CERTAIN USES
OF FORCE. (a) In this section, "hospital personnel" includes
nurses, physicians, physician assistants, maintenance or
janitorial staff, receptionists, and other individuals who are
employed by or work in a facility that is licensed as a general
hospital or special hospital, as those terms are defined by Section
241.003, including a hospital maintained or operated by the state.
(b) An individual acting as hospital personnel is not liable
to a hospital patient for an injury resulting from the individual's
use of force while on duty if, under the circumstances as the
individual reasonably believes them to be, the individual would be
justified under Subchapter C, Chapter 9, Penal Code, in that use of
force.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.