Bill Text: TX HB719 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to liability limits in a health care liability claim.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-28 - Left pending in committee [HB719 Detail]
Download: Texas-2017-HB719-Introduced.html
85R3421 SCL-D | ||
By: Wu | H.B. No. 719 |
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relating to liability limits in a health care liability claim. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 74.301, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (d) to read as follows: | ||
(d) When there is an increase or decrease in the consumer | ||
price index with respect to the amount of that index on September 1, | ||
2003, the liability limits prescribed by this section shall be | ||
increased or decreased, as applicable, by a sum equal to the amount | ||
of such limit multiplied by the percentage increase or decrease in | ||
the consumer price index, as published by the Bureau of Labor | ||
Statistics of the United States Department of Labor, that measures | ||
the average changes in prices of goods and services purchased by | ||
urban wage earners and clerical workers' families and single | ||
workers living alone (CPI-W: Seasonally Adjusted U.S. City | ||
Average--All Items), between September 1, 2003, and the time at | ||
which damages subject to such limits are awarded by final judgment | ||
or settlement. | ||
SECTION 2. Section 74.302, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (f) to read as follows: | ||
(f) When there is an increase or decrease in the consumer | ||
price index with respect to the amount of that index on September 1, | ||
2003, the liability limits and financial responsibility amounts | ||
prescribed by this section shall be increased or decreased, as | ||
applicable, by a sum equal to the amount of such limit multiplied by | ||
the percentage increase or decrease in the consumer price index, as | ||
published by the Bureau of Labor Statistics of the United States | ||
Department of Labor, that measures the average changes in prices of | ||
goods and services purchased by urban wage earners and clerical | ||
workers' families and single workers living alone (CPI-W: | ||
Seasonally Adjusted U.S. City Average--All Items), between | ||
September 1, 2003, and the time at which damages subject to such | ||
limits are awarded by final judgment or settlement. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a health care liability claim that accrues on or after the effective | ||
date of this Act. A health care liability claim that accrued 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 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |