HBA-NIK C.S.H.B. 3479 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3479
By: Greenberg
Civil Practices
4/29/1999
Committee Report (Substituted)



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. 

C.S.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 that is an employer of a mental
health services provider, including a special officer for mental health
assignment, is liable under this chapter (Sexual Exploitation by Mental
Health Services Provider) to the same extent as another employer of a
mental health services provider. Provides that the liability of a
governmental unit under this chapter is limited to money damages in the
maximum amounts established under Section 101.023 (Limitation on Amount of
Liability), Civil Practice and Remedies Code. 

(c) Provides that governmental 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. (a) Provides that this Act applies to all actions commenced on
or after the effective date of this Act, or pending on that effective date
and in which the trial, or any new trial or retrial following motion,
appeal, or otherwise, begins on or after that effective date. 

(b) Provides that in an action commenced before the effective date of this
Act, a trial, new trial, or retrial that is in progress on the effective
date is governed by the law applicable to the trial, new trial, or retrial
immediately before the effective date, and that law is continued in effect
for that purpose. 

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3479 modifies SECTION 2 of the original bill adding text providing
that the liability of a governmental unit under Chapter 81, Civil Practice
and Remedies Code, is limited to money damages in the maximum amounts
established under Section 101.023 (Limitation on Amount of Liability),
Civil Practice and Remedies Code. The substitute also modifies the original
bill by providing that governmental immunity, rather than sovereign
immunity, to suit is waived and abolished to the extent of the liability
created by this section. 

C.S.H.B. 3479 also modifies SECTION 4 of the original bill, which made the
application of this Act prospective, as follows: 

(a) Provides that this Act applies to all actions commenced on or after the
effective date of this Act, or pending on that effective date and in which
the trial, or any new trial or retrial following motion, appeal, or
otherwise, begins on or after that effective date. 

(b) Provides that in an action commenced before the effective date of this
Act, a trial, new trial, or retrial that is in progress on the effective
date is governed by the law applicable to the trial, new trial, or retrial
immediately before the effective date, and that law is continued in effect
for that purpose.