H.B. No. 736
relating to updating citations in Chapter 84, Civil Practice and
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.007(e), Civil Practice and Remedies
Code, is amended to read as follows:
(e) Sections 84.005 and 84.006 of this chapter do not apply
to a health care provider as defined in Section 74.001 [
Liability and Insurance Improvement Act of Texas (Article 4590i,
Vernon's Texas Civil Statutes)], unless the provider is a federally
funded migrant or community health center under the Public Health
Service Act (42 U.S.C.A. Sections 254b [ 254(b)] and 254c [ (c)]) or
is a nonprofit health maintenance organization created and operated
by a community center under Section 534.101, Health and Safety
Code, or unless the provider usually provides discounted services
at or below costs based on the ability of the beneficiary to pay.
Acceptance of Medicare or Medicaid payments will not disqualify a
health care provider under this section. In no event shall Sections
84.005 and 84.006 of this chapter apply to a general hospital or
special hospital as defined in Chapter 241, Health and Safety Code,
or a facility or institution licensed under Subtitle C, Title 7,
Health and Safety Code, or Chapter 242, Health and Safety Code, or
to any health maintenance organization created and operating under
Chapter 843, Insurance Code, except for a nonprofit health
maintenance organization created under Section 534.101, Health and
SECTION 2. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. An action that
accrued before the effective date of this Act is governed by the law
applicable to the action immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 736 was passed by the House on March
23, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 736 was passed by the Senate on May
10, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate