HBA-NIK H.B. 3479 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3479 By: Greenberg Civil Practices 4/19/1999 Introduced BACKGROUND AND PURPOSE Persons in need of mental health services can often find themselves in vulnerable positions that may impair their ability to think clearly or use sound judgement. In some cases, the situation calls for intervention from a mental health care professional. The duty of the mental health services provider is to guide the patient or client (patient) to appropriate medical or mental assistance and to discourage ongoing dependence on the mental health care professional. However, because of the imbalance of power inherent in the provider and patient relationship, a patient can be vulnerable to sexual exploitation by the professional in whom the patient has placed his or her trust. The relationship between the special officer for a mental health assignment and the patient is not covered in the Civil Practice and Remedies Code. H.B. 3479 provides certain mental health patients protection against sexual exploitation by the health care providers in whom they place their trust by expanding the definitions of mental health services provider and patient. This bill also waives the governmental immunity for a governmental unit that employs mental health services providers and allows an individual to sue the governmental unit for damages, with certain provided limitations. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 81.001(2) and (3), Civil Practice and Remedies Code, to redefine "mental health services provider" and "patient." SECTION 2. Amends Chapter 81, Civil Practice and Remedies Code, by adding section 81.010, as follows: Sec. 81.010. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE. (a) Defines "governmental unit." (b) Provides that a governmental unit is an employer of a mental health services provider, including a special officer for mental health assignment, is liable under this chapter to the same extent as another employer of a mental health services provider. (c) Provides that sovereign immunity to suit is waived and abolished to the extent of the liability created by this section. Authorizes a person having a claim under this section to sue a governmental unit for damages allowed by this section. (d) Provides that Subchapter D (Procedures), Chapter 101 (Tort Claims), Civil Practice and Remedies Code, applies to a suit brought under this section. SECTION 3. Effective date: September 1, 1999. SECTION 4. Makes application of this Act prospective. SECTION 5. Emergency clause.