HB4546 - Relating to the election of remedies in suits against certain veterinarians.

      By: Oliverson H.B. No. 4546       A BILL TO BE ENTITLED   AN ACT   relating to the election of remedies in suits against certain   veterinarians.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter H, Chapter 801, Occupations Code, is   amended by adding Section 801.365 to read as follows:           Sec.   801.365.     ELECTION OF REMEDIES REQUIRED IN SUITS   AGAINST CERTAIN VETERINARIANS; PERSONAL LIABILITY FOR   VETERINARIANS. (a) Except as provided by Subsection (a-1), this   section applies only to a veterinarian employed by a governmental   unit, as that term is defined by Section 101.001, Civil Practice and   Remedies Code.           (a-1)     This section does not apply to a regulatory or public   health program of a governmental unit, as defined by Section   101.001, Civil Practice and Remedies Code, including a regulatory   or public health program operated by the Texas Animal Health   Commission, Department of State Health Services, Parks and Wildlife   Department, or Texas Racing Commission.           (b)     Notwithstanding Section 101.106(e), Civil Practice and   Remedies Code, if a plaintiff files suit under Chapter 101, Civil   Practice and Remedies Code, against both a governmental unit and an   employee of the governmental unit who is a veterinarian, the court   shall require the plaintiff to promptly amend the plaintiff's   pleadings to dismiss either:                 (1)  the governmental unit; or                 (2)  the employee of the governmental unit.           (c)     If the plaintiff fails to amend the pleadings as   required by Subsection (b), the court shall dismiss the suit.           (d)     Notwithstanding Section 101.106(f), Civil Practice and   Remedies Code, if a suit is filed against a veterinarian employed by   a governmental unit based on veterinary services provided by the   veterinarian within the general scope of the veterinarian's   employment, the court shall require the plaintiff to promptly amend   the plaintiff's pleadings to elect whether the suit is against the   employee in the employee's official capacity or individual   capacity.   If the plaintiff fails to amend the pleadings as required   by this subsection, the court shall dismiss the suit.          SECTION 2.  Section 801.365, Occupations Code, as added by   this Act, applies only to an action commenced on or after the   effective date of this Act.  An action commenced 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 3.  This Act takes effect September 1, 2025.