| 1 | 1 | | 89R15158 GP-F |
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| 2 | 2 | | By: Oliverson H.B. No. 4546 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the election of remedies in suits against certain |
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| 10 | 10 | | veterinarians. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter H, Chapter 801, Occupations Code, is |
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| 13 | 13 | | amended by adding Section 801.365 to read as follows: |
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| 14 | 14 | | Sec. 801.365. ELECTION OF REMEDIES REQUIRED IN SUITS |
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| 15 | 15 | | AGAINST CERTAIN VETERINARIANS; PERSONAL LIABILITY FOR |
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| 16 | 16 | | VETERINARIANS. (a) This section applies only to a veterinarian |
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| 17 | 17 | | employed by a governmental unit, as that term is defined by Section |
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| 18 | 18 | | 101.001, Civil Practice and Remedies Code. |
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| 19 | 19 | | (b) Notwithstanding Section 101.106(e), Civil Practice and |
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| 20 | 20 | | Remedies Code, if a plaintiff files suit under Chapter 101, Civil |
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| 21 | 21 | | Practice and Remedies Code, against both a governmental unit and an |
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| 22 | 22 | | employee of the governmental unit who is a veterinarian, the court |
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| 23 | 23 | | shall require the plaintiff to promptly amend the plaintiff's |
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| 24 | 24 | | pleadings to dismiss either: |
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| 25 | 25 | | (1) the governmental unit; or |
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| 26 | 26 | | (2) the employee of the governmental unit. |
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| 27 | 27 | | (c) If the plaintiff fails to amend the pleadings as |
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| 28 | 28 | | required by Subsection (b), the court shall dismiss the suit. |
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| 29 | 29 | | (d) Notwithstanding Section 101.106(f), Civil Practice and |
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| 30 | 30 | | Remedies Code, if a suit is filed against a veterinarian employed by |
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| 31 | 31 | | a governmental unit based on veterinary services provided by the |
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| 32 | 32 | | veterinarian within the general scope of the veterinarian's |
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| 33 | 33 | | employment, the court shall require the plaintiff to promptly amend |
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| 34 | 34 | | the plaintiff's pleadings to elect whether the suit is against the |
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| 35 | 35 | | employee in the employee's official capacity or individual |
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| 36 | 36 | | capacity. If the plaintiff fails to amend the pleadings as required |
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| 37 | 37 | | by this subsection, the court shall dismiss the suit. |
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| 38 | 38 | | SECTION 2. Section 801.365, Occupations Code, as added by |
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| 39 | 39 | | this Act, applies only to an action commenced on or after the |
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| 40 | 40 | | effective date of this Act. An action commenced before the |
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| 41 | 41 | | effective date of this Act is governed by the law as it existed |
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| 42 | 42 | | immediately before the effective date of this Act, and that law is |
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| 43 | 43 | | continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2025. |
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