HBA-ATS, NIK H.B. 3479 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3479 By: Greenberg Civil Practices 7/8/1999 Enrolled 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. Prior to the 76th Legislature, the relationship between the patient and the special officer for mental health assignment was not covered under 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 authorizes a patient, a former patient, or another person acting on behalf of a patient or former patient to bring an action against a governmental unit that is an employer of a mental health services provider, including a special officer for mental health assignment, who commits any conduct described by Section 81.002(1), (2), or (3), Civil Practice and Remedies Code, in relation to the patient or former patient. However, a patient, former patient, or person acting on behalf of a patient or former patient is prohibited from bringing an action unless, 60 days before the date that action is to be filed, the person notifies the governmental unit in writing of its intention to bring an action. Moreover, that person is prohibited from bringing suit if, before the 60th day after the date the notice is provided under this section, the governmental unit discharges the mental health services provider who committed the conduct with respect to which the claim is filed. 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. INJUNCTIVE RELIEF AGAINST GOVERNMENTAL UNITS. (a) Defines "governmental unit." (b) Authorizes a patient, a former patient, or another person acting on behalf of a patient or former patient to bring an action against a governmental unit that is an employer of a mental health services provider, including a special officer for mental health assignment, who commits any conduct described by Section 81.002(1), (2), or (3), Civil Practice and Remedies Code, in relation to the patient or former patient. Authorizes the patient or former patient to obtain an order requiring the governmental unit to discharge the mental health services provider who committed the conduct, court costs, and reasonable attorney's fees, as determined by the court. (c) Prohibits a patient, former patient, or person acting on behalf of a patient or former patient from bringing an action unless, 60 days before the date that action is to be filed, the person notifies the governmental unit in writing of its intention to bring an action. Provides that the notice must reasonably describe the facts giving rise to the claim. Prohibits the person from bringing suit under Subsection (b) if, before the 60th day after the date the notice is provided under this section, the governmental unit discharges the mental health services provider who committed the conduct with respect to which the claim is filed. (d) Provides that governmental immunity to suit is waived and abolished to the extent of the liability created by Subsection (b). SECTION 3. Amends Section 22.011(c), Penal Code, by adding Subdivision (4), to define "mental health services provider." SECTION 4. Effective date: September 1, 1999. SECTION 5. (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. (c) Provides that in an action 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, the person bringing the action is not required to provide notice under Section 81.010(c), Civil Practice and Remedies Code, before pursuing relief under that section. SECTION 6. Makes application of this Act as to Section 22.011, Penal Code, prospective. SECTION 7. Emergency clause.