reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 137.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 137 - Declaration for Mental Health Treatment|Section 137.005. Limitation on Liability

Sec. 137.005.  LIMITATION ON LIABILITY.  (a)  An attending physician, health or residential care provider, or person acting for or under an attending physician's or health or residential care provider's control is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith under the terms of a declaration for mental health treatment.(b)  An attending physician, health or residential care provider, or person acting for or under an attending physician's or health or residential care provider's control does not engage in professional misconduct for:(1)  failure to act in accordance with a declaration for mental health treatment if the physician, provider, or other person:(A)  was not provided with a copy of the declaration;  and(B)  had no knowledge of the declaration after a good faith attempt to learn of the existence of a declaration;  or(2)  acting in accordance with a directive for mental health treatment after the directive has expired or has been revoked if the physician, provider, or other person does not have knowledge of the expiration or revocation.|Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 137.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 137 - Declaration for Mental Health Treatment|Section 137.006. Discrimination Relating to Execution of Declaration for Mental Health Treatment

Sec. 137.006.  DISCRIMINATION RELATING TO EXECUTION OF DECLARATION FOR MENTAL HEALTH TREATMENT.  A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not:(1)  charge a person a different rate solely because the person has executed a declaration for mental health treatment;(2)  require a person to execute a declaration for mental health treatment before:(A)  admitting the person to a hospital, nursing home, or residential care home;(B)  insuring the person;  or(C)  allowing the person to receive health or residential care;(3)  refuse health or residential care to a person solely because the person has executed a declaration for mental health treatment;  or(4)  discharge the person solely because the person has or has not executed a declaration for mental health treatment.|Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 137.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 137 - Declaration for Mental Health Treatment|Section 137.007. Use and Effect of Declaration for Mental Health Treatment

Sec. 137.007.  USE AND EFFECT OF DECLARATION FOR MENTAL HEALTH TREATMENT.  (a)  On being presented with a declaration for mental health treatment, a physician or other health care provider shall make the declaration a part of the principal's medical record.  When acting in accordance with a declaration for mental health treatment, a physician or other health care provider shall comply with the declaration to the fullest extent possible.(b)  If a physician or other provider is unwilling at any time to comply with a declaration for mental health treatment, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment and must promptly:(1)  make a reasonable effort to transfer care for the principal to a physician or provider who is willing to comply with the declaration;(2)  notify the principal, or principal's guardian, if appropriate, of the decision to withdraw;  and(3)  record in the principal's medical record the notification and, if applicable, the name of the physician or provider to whom the principal is transferred.|Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 464, Sec. 2, eff. June 18, 1999.|
TX Civ Prac & Rem Code § 137.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 137 - Declaration for Mental Health Treatment|Section 137.008. Disregard of Declaration for Mental Health Treatment

Sec. 137.008.  DISREGARD OF DECLARATION FOR MENTAL HEALTH TREATMENT.  (a)  A physician or other health care provider may subject the principal to mental health treatment in a manner contrary to the principal's wishes as expressed in a declaration for mental health treatment only:(1)  if the principal is under an order for temporary or extended mental health services under Section 574.034, 574.0345, 574.035, or 574.0355, Health and Safety Code, and treatment is authorized in compliance with Section 574.106, Health and Safety Code; or(2)  in case of an emergency when the principal's instructions have not been effective in reducing the severity of the behavior that has caused the emergency.(b)  A declaration for mental health treatment does not limit any authority provided by Chapter 573 or 574, Health and Safety Code:(1)  to take a person into custody;  or(2)  to admit or retain a person in a mental health treatment facility.(c)  This section does not apply to the use of electroconvulsive treatment or other convulsive treatment.|Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 464, Sec. 3, eff. June 18, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 1, eff. September 1, 2019.|
TX Civ Prac & Rem Code § 137.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 137 - Declaration for Mental Health Treatment|Section 137.009. Conflicting or Contrary Provisions

Sec. 137.009.  CONFLICTING OR CONTRARY PROVISIONS.  (a)  Mental health treatment instructions contained in a declaration executed in accordance with this chapter supersede any contrary or conflicting instructions given by:(1)  a medical power of attorney under Subchapter D, Chapter 166, Health and Safety Code; or(2)  a guardian appointed under Title 3, Estates Code, after the execution of the declaration.(b)  Mental health treatment instructions contained in a declaration executed in accordance with this chapter shall be conclusive evidence of a declarant's preference in a medication hearing under Section 574.106, Health and Safety Code.|Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.010, eff. September 1, 2017.|
TX Civ Prac & Rem Code § 137.010 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 137 - Declaration for Mental Health Treatment|Section 137.010. Revocation

Sec. 137.010.  REVOCATION.  (a)  A declaration for mental health treatment is revoked when a principal who is not incapacitated:(1)  notifies a licensed or certified health or residential care provider of the revocation;(2)  acts in a manner that demonstrates a specific intent to revoke the declaration;  or(3)  executes a later declaration for mental health treatment.(b)  A principal's health or residential care provider who is informed of or provided with a revocation of a declaration for mental health treatment immediately shall:(1)  record the revocation in the principal's medical record;  and(2)  give notice of the revocation to any other health or residential care provider the provider knows to be responsible for the principal's care.|Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 464, Sec. 4, eff. June 18, 1999.|
TX Civ Prac & Rem Code § 138.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 138 - Personal Responsibility for Food Consumption|Section 138.001. Definitions

Sec. 138.001.  DEFINITIONS.  In this chapter:(1)  "Agricultural commodity" has the meaning assigned by Section 41.002, Agriculture Code.(2)  "Agricultural producer" means any producer of an agricultural commodity.(3)  "Food" has the definition assigned by Section 431.002, Health and Safety Code.  "Food" does not include:(A)  a cosmetic, as defined by Section 321(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321 (i));(B)  a drug, as defined by Section 321(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321(g)), whether prescription or over-the-counter; or(C)  a dietary supplement, as defined by Section 321(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321(ff)).(4)  "Livestock" has the meaning assigned by Section 1.003, Agriculture Code.(5)  "Livestock producer" means any producer of livestock.(6)  "Manufacturer" means a person lawfully engaged, in the regular course of the person's trade or business, in manufacturing a food.(7)  "Seller" means a person lawfully engaged, in the regular course of the person's trade or business, in marketing, distributing, advertising, or selling a food.(8)  "State" includes each state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and any other territory or possession of the United States and any political subdivision of any of those places.(9)  "Trade association" means any association or business organization, whether or not incorporated under federal or state law, that is not operated for profit and two or more members of which are manufacturers, marketers, distributors, advertisers, or sellers of a food.|Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.|
TX Civ Prac & Rem Code § 138.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 138 - Personal Responsibility for Food Consumption|Section 138.002. Civil Action Prohibited

Sec. 138.002.  CIVIL ACTION PROHIBITED.  (a)  Except as otherwise provided by this section, a manufacturer, seller, trade association, livestock producer, or agricultural producer is not liable under any law of this state for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from the long-term consumption of food, including:(1)  an action brought by a person other than the individual on whose weight gain, obesity, or health condition the action is based; and(2)  any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative of any individual.(b)  This section does not prohibit a person from bringing:(1)  an action in which:(A)  a manufacturer or seller of a food knowingly and wilfully violates a federal or state statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food; and(B)  the violation is a proximate cause of injury related to an individual's weight gain or obesity or any health condition associated with an individual's weight gain or obesity; or(2)  an action brought:(A)  under Chapter 431, Health and Safety Code; or(B)  by the attorney general under Section 17.47, Business & Commerce Code.(c)  This section does not create a cause of action.|Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.|
TX Civ Prac & Rem Code § 138.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 138 - Personal Responsibility for Food Consumption|Section 138.003. Pleadings

Sec. 138.003.  PLEADINGS.  In an action described in Section 138.002(b)(1), the initiating petition must state with particularity:(1)  the federal and state statutes allegedly  violated; and(2)  the facts that are alleged to have proximately caused the injury claimed.|Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.|
TX Civ Prac & Rem Code § 138.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 138 - Personal Responsibility for Food Consumption|Section 138.004. Stay

Sec. 138.004.  STAY.  (a)  For an action described by Section 138.002(b), all discovery and other proceedings are stayed during the pendency of any motion to dismiss unless the court finds on motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.(b)  During the pendency of any stay of discovery, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the petition shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of the person and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under the applicable rules of civil procedure.(c)  A party aggrieved by the wilful failure of an opposing party to comply with this section may apply to the court for an order awarding appropriate sanctions.|Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.|
TX Civ Prac & Rem Code § 140.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.001. Definitions

Sec. 140.001.  DEFINITIONS.  In this chapter:(1)  "Covered individual" means an individual entitled to benefits described by Section 140.002.(2)  "Payor of benefits" or "payor" means an issuer of a plan providing benefits described by Section 140.002 that:(A)  pays benefits to or on behalf of a covered individual as a result of personal injuries to the covered individual caused by the tortious conduct of a third party; and(B)  has a contractual right of subrogation described by Section 140.004.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.002. Applicability of Chapter

Sec. 140.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to an issuer of a health benefit plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, a disability benefit plan, or an employee welfare benefit plan, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document, including:(1)  an insurance company;(2)  a group hospital service corporation operating under Chapter 842, Insurance Code;(3)  a fraternal benefit society operating under Chapter 885, Insurance Code;(4)  a stipulated premium insurance company operating under Chapter 884, Insurance Code;(5)  a reciprocal exchange operating under Chapter 942, Insurance Code;(6)  a health maintenance organization operating under Chapter 843, Insurance Code;(7)  a multiple employer welfare arrangement that holds a certificate of authority under Chapter 846, Insurance Code; or(8)  an approved nonprofit health corporation that holds a certificate of authority under Chapter 844, Insurance Code.(b)  Notwithstanding Section 172.014, Local Government Code, or any other law, this chapter applies to a risk pool providing health and accident coverage under Chapter 172, Local Government Code.(c)  Notwithstanding any other law, this chapter applies to an issuer of a plan or coverage under Chapter 1551, 1575, 1579, or 1601, Insurance Code.(d)  Notwithstanding any other law, this chapter applies to any self-funded issuer of a plan that provides a benefit described by Subsection (a).(e)  This chapter applies to any policy, evidence of coverage, or contract under which a benefit described by Subsection (a) is provided and:(1)  that is delivered, issued for delivery, or entered into in this state; or(2)  under which an individual or group in this state is entitled to benefits.(f)  This chapter does not apply to:(1)  a workers' compensation insurance policy or any other source of medical benefits under Title 5, Labor Code;(2)  Medicare;(3)  the Medicaid program under Chapter 32, Human Resources Code;(4)  a Medicaid managed care program operated under Chapter 533, Government Code;(5)  the state child health plan or any other program operated under Chapter 62 or 63, Health and Safety Code; or(6)  a self-funded plan that is subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.).|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.003. Conflicts With Other Law

Sec. 140.003.  CONFLICTS WITH OTHER LAW.  In the event of a conflict between this chapter and another law, including a rule of procedure or evidence, this chapter controls to the extent of the conflict.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.004. Contractual Subrogation Rights Authorized

Sec. 140.004.  CONTRACTUAL SUBROGATION RIGHTS AUTHORIZED.  An issuer of a plan that provides benefits described by Section 140.002 under which the policy or plan issuer may be obligated to make payments or provide medical or surgical benefits to or on behalf of a covered individual as a result of a personal injury to the individual caused by the tortious conduct of a third party may contract to be subrogated to and have a right of reimbursement for payments made or costs of benefits provided from the individual's recovery for that injury, subject to this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.005. Payors' Recovery Limited

Sec. 140.005.  PAYORS' RECOVERY LIMITED.  (a) If an injured covered individual is entitled by law to seek a recovery from the third-party tortfeasor for benefits paid or provided by a subrogee as described by Section 140.004, then all payors are entitled to recover as provided by Subsection (b) or (c).(b)  This subsection applies when a covered individual is not represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:(1)  one-half of the covered individual's gross recovery; or(2)  the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party.(c)  This subsection applies when a covered individual is represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:(1)  one-half of the covered individual's gross recovery less attorney's fees and procurement costs as provided by Section 140.007; or(2)  the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party less attorney's fees and procurement costs as provided by Section 140.007.(d)  A common law doctrine that requires an injured party to be made whole before a subrogee makes a recovery does not apply to the recovery of a payor under this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.006. Attorney's Fees in Declaratory Judgment Action

Sec. 140.006.  ATTORNEY'S FEES IN DECLARATORY JUDGMENT ACTION.  Notwithstanding Section 37.009 or any other law, if a declaratory judgment action is brought under this chapter, the court may not award costs or attorney's fees to any party in the action.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.007. Attorney's Fees in Recovery Action

Sec. 140.007.  ATTORNEY'S FEES IN RECOVERY ACTION.  (a) Except as provided by Subsection (c), a payor of benefits whose interest is not actively represented by an attorney in an action to recover for a personal injury to a covered individual shall pay to an attorney representing the covered individual a fee in an amount determined under an agreement entered into between the attorney and the payor plus a pro rata share of expenses incurred in connection with the recovery.(b)  Except as provided by Subsection (c), in the absence of an agreement described by Subsection (a), the court shall award to the attorney, payable out of the payor's share of the total gross recovery, a reasonable fee for recovery of the payor's share, not to exceed one-third of the payor's recovery.(c)  If an attorney representing the payor's interest actively participates in obtaining a recovery, the court shall award and apportion between the covered individual's and the payor's attorneys a fee payable out of the payor's subrogation recovery.  In apportioning the award, the court shall consider the benefit accruing to the payor as a result of each attorney's service.  The total attorney's fees may not exceed one-third of the payor's recovery.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.008. First-Party Recovery

Sec. 140.008.  FIRST-PARTY RECOVERY.  (a) Except as provided by Subsection (b), a payor of benefits may not pursue a recovery against a covered individual's first-party recovery.(b)  A payor of benefits may pursue recovery against uninsured/underinsured motorist coverage or medical payments coverage only if the covered individual or the covered individual's immediate family did not pay the premiums for the coverage.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 140.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits|Section 140.009. Construction of Chapter

Sec. 140.009.  CONSTRUCTION OF CHAPTER.  This chapter does not create a cause of action. Nothing in this chapter shall be construed to prevent a payor of benefits from waiving, negotiating, or not pursuing any claim or recovery described by Section 140.004 or 140.005.|Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.|
TX Civ Prac & Rem Code § 141.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 141 - Structured Settlement Protection Act|Section 141.001. Short Title

Sec. 141.001.  SHORT TITLE.  This chapter may be cited as the Structured Settlement Protection Act.|Added by Acts 2001, 77th Leg., ch. 96, Sec. 1, eff. Sept. 1, 2001.|