| 1 | 1 | | By: Lalani, Klick, Howard, Bonnen, Oliverson H.B. No. 4762 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to liability of hospital personnel for certain uses of |
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| 7 | 7 | | force while on duty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 241, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 241.013 to read as follows: |
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| 11 | 11 | | Sec. 241.013. HOSPITAL PERSONNEL LIABILITY FOR CERTAIN USES |
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| 12 | 12 | | OF FORCE. (a) In this section, "hospital personnel" includes |
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| 13 | 13 | | nurses, physicians, physician assistants, maintenance or |
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| 14 | 14 | | janitorial staff, receptionists, and other individuals who are |
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| 15 | 15 | | employed by or work in a facility that is licensed as a general |
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| 16 | 16 | | hospital or special hospital, as those terms are defined by Section |
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| 17 | 17 | | 241.003, including a hospital maintained or operated by the state. |
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| 18 | 18 | | (b) An individual acting as hospital personnel is not liable |
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| 19 | 19 | | to a hospital patient for an injury resulting from the individual's |
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| 20 | 20 | | use of force while on duty if, under the circumstances as the |
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| 21 | 21 | | individual reasonably believes them to be, the individual would be |
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| 22 | 22 | | justified under Subchapter C, Chapter 9, Penal Code, in that use of |
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| 23 | 23 | | force. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to a cause of action that accrues on or after the effective date of |
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| 26 | 26 | | this Act. |
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| 27 | 27 | | SECTION 3. This Act takes effect September 1, 2023. |
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