Bill Text: TX SB350 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to liability of the Texas Department of Criminal Justice for certain claims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to State Affairs [SB350 Detail]
Download: Texas-2021-SB350-Introduced.html
87R1018 BRG-D | ||
By: Miles | S.B. No. 350 |
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relating to liability of the Texas Department of Criminal Justice | ||
for certain claims. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 101, Civil Practice and | ||
Remedies Code, is amended by adding Section 101.030 to read as | ||
follows: | ||
Sec. 101.030. LIABILITY OF TEXAS DEPARTMENT OF CRIMINAL | ||
JUSTICE FOR CERTAIN CLAIMS. (a) In this section: | ||
(1) "Health care provider" has the meaning assigned by | ||
Section 74.001. | ||
(2) "Physician" has the meaning assigned by Section | ||
74.001. | ||
(b) The Texas Department of Criminal Justice is liable for | ||
personal injury or death proximately caused by a physician's or | ||
health care provider's treatment, lack of treatment, or other | ||
claimed departure from accepted standards of medical care, health | ||
care, safety or professional or administrative services directly | ||
related to health care if the physician or health care provider was | ||
an employee of the department or performing services under contract | ||
with the department when the treatment, lack of treatment, or other | ||
departure from the accepted standards occurred. | ||
SECTION 2. Section 101.106, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (g) to read as follows: | ||
(g) This section does not apply to: | ||
(1) a suit or claim against the Texas Department of | ||
Criminal Justice under Section 101.030; | ||
(2) a suit against an employee of the department that | ||
could have been brought against the department under Section | ||
101.030; or | ||
(3) a judgment obtained against an employee of the | ||
department if a suit could have been brought against the department | ||
under Section 101.030 regarding the same subject matter as the | ||
judgment. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrued before the effective date | ||
of this Act is governed by the law applicable to the cause of action | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2021. |