Bill Text: TX HB765 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to liability limits in a health care liability claim.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-15 - Left pending in committee [HB765 Detail]
Download: Texas-2019-HB765-Introduced.html
| 86R1351 SCL-D | ||
| By: Wu | H.B. No. 765 | |
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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. Sections 74.301 and 74.302, Civil Practice and | ||
| Remedies Code, as amended 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, 2019. | ||
