H.B. No. 736




AN ACT

relating to updating citations in Chapter 84, Civil Practice and 
Remedies Code.
	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 [the Medical 
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 
Safety Code.
	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    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor