89R15158 GP-F
By: Oliverson H.B. No. 4546
A BILL TO BE ENTITLED
AN ACT
relating to the election of remedies in suits against certain
veterinarians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 801, Occupations Code, is
amended by adding Section 801.365 to read as follows:
Sec. 801.365. ELECTION OF REMEDIES REQUIRED IN SUITS
AGAINST CERTAIN VETERINARIANS; PERSONAL LIABILITY FOR
VETERINARIANS. (a) This section applies only to a veterinarian
employed by a governmental unit, as that term is defined by Section
101.001, Civil Practice and Remedies Code.
(b) Notwithstanding Section 101.106(e), Civil Practice and
Remedies Code, if a plaintiff files suit under Chapter 101, Civil
Practice and Remedies Code, against both a governmental unit and an
employee of the governmental unit who is a veterinarian, the court
shall require the plaintiff to promptly amend the plaintiff's
pleadings to dismiss either:
(1) the governmental unit; or
(2) the employee of the governmental unit.
(c) If the plaintiff fails to amend the pleadings as
required by Subsection (b), the court shall dismiss the suit.
(d) Notwithstanding Section 101.106(f), Civil Practice and
Remedies Code, if a suit is filed against a veterinarian employed by
a governmental unit based on veterinary services provided by the
veterinarian within the general scope of the veterinarian's
employment, the court shall require the plaintiff to promptly amend
the plaintiff's pleadings to elect whether the suit is against the
employee in the employee's official capacity or individual
capacity. If the plaintiff fails to amend the pleadings as required
by this subsection, the court shall dismiss the suit.
SECTION 2. Section 801.365, Occupations Code, as added by
this Act, applies only to an action commenced on or after the
effective date of this Act. An action commenced before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.