Sec. 13.039. COLLECTION OF STATE'S CLAIM. (a) A state claim for patient support and maintenance may be collected through an action brought against the patient or the person legally responsible for the patient. The action shall be brought in the county from which the patient was sent and shall be brought in the name of the state by the county or district attorney of that county or by the attorney general.
(b) The action shall be brought on the written request of the public health hospital administrator, accompanied by a certificate as to the amount owed to the state. In any action, the certificate is sufficient evidence of the amount owed to the state for the support of that patient.
(c) On receipt of the request, the attorney shall bring and conduct the suit and is entitled to a commission of 10 percent of the amount collected. All money collected under this section, less the amount of the commission, shall be paid by the attorney to the hospital administrator, who shall receive the amount and give a receipt.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0059, eff. April 2, 2015.
Structure Texas Statutes
Subtitle A - Department of State Health Services
Chapter 13 - Department Hospitals and Respiratory Facilities
Subchapter B. Texas Tuberculosis Code
Section 13.034. Duties of Executive Commissioner and Department
Section 13.035. Employment of Hospital Administrators
Section 13.036. Patient Admission; Examination Certificate
Section 13.037. Determination of Residency
Section 13.038. Classification of Patients; Lien
Section 13.039. Collection of State's Claim
Section 13.040. Effect of Indigent Health Care and Treatment Act
Section 13.041. Return of Certain Nonresidents; Reciprocal Agreements
Section 13.042. Discrimination Prohibited
Section 13.043. Gratuities Prohibited
Section 13.044. Private Accommodations