House Bill No. 4546 introduces a new section, 801.365, to the Occupations Code, which establishes specific requirements for the election of remedies in lawsuits against veterinarians employed by governmental units in Texas. The bill mandates that if a plaintiff files a suit against both a governmental unit and a veterinarian employee, the court must require the plaintiff to amend their pleadings to dismiss either the governmental unit or the veterinarian. Additionally, if the suit is based on veterinary services provided within the veterinarian's employment scope, the plaintiff must elect whether to pursue the case against the veterinarian in their official or individual capacity. Failure to comply with these requirements will result in the dismissal of the suit.

The bill clarifies that it does not apply to regulatory or public health programs operated by specific governmental entities, such as the Texas Animal Health Commission or the Department of State Health Services. It also specifies that the new provisions will only apply to actions commenced on or after the effective date of the Act, which is set for September 1, 2025. Actions initiated before this date will continue to be governed by the existing law.

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