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.